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SPRAU v. STATE FARM FIRE AND CASUALTY COMPANY

Civ. No. 1797.

308 F.Supp. 549 (1970)

Richard F. SPRAU and Doris E. Sprau, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, a corporation, Defendant.

United States District Court, D. Montana, Helena Division.

February 12, 1970.

Attorney(s) appearing for the Case

Libra & Bolkovatz, Helena, Mont., for plaintiffs.

Hughes & Bennett and Joseph C. Connors, Helena, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Plaintiffs' homeowners insurance policy issued by the defendant contained among its standard provisions the following:

"Theft, meaning any act of stealing or attempting thereat and, as to Coverage B (on premises), including theft of property covered from within any bank, trust or safe deposit company, public warehouse, or occupied dwelling not owned or occupied by or rented to an insured, in which...

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