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MIDWESTERN WHOLESALE DRUG, INC. v. GAS SERVICE CO.

No. 99-70.

442 F.2d 663 (1971)

MIDWESTERN WHOLESALE DRUG, INC. and Commercial Union Insurance Company of America, Appellants, v. GAS SERVICE COMPANY, Appellee.

United States Court of Appeals, Tenth Circuit.

May 21, 1971.

Attorney(s) appearing for the Case

Glenn E. McCann, Kansas City, Mo. (Knipmeyer, McCann & Millett, Kansas City, Mo., L. M. Cornish, and Glenn, Cornish & Levenberger, Topeka, Kan., with him on the brief), for appellants.

Leonard O. Thomas, Kansas City, Kan. (L. D. McDonald, Jr., Larry E. Benson, Weeks, Thomas, Lysaught, Bingham & Johnston, Kansas City, Kan., and Warren W. Shaw, Shaw, Hergenreter & Quarnstrom, Topeka, Kan., with him on the brief), for appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

This is an appeal from a judgment for the defendant, Gas Service Company, in a negligence action tried to a jury. Plaintiff-appellant, Midwestern Wholesale Drug, Inc., was the owner and operator of a wholesale drug business located in Topeka, Kansas, insured against fire by the other plaintiff, Commercial Union Insurance Company of America. A fire occurred which destroyed the drug company's building and its contents in an amount in excess of the...

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