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FOSTER & CREIGHTON CO. v. TRAVELERS INDEMNITY CO.

No. 71-1150.

451 F.2d 1009 (1971)

FOSTER & CREIGHTON COMPANY, Plaintiff-Appellant, v. TRAVELERS INDEMNITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

November 24, 1971.

Attorney(s) appearing for the Case

Thomas W. Steele, Nashville, Tenn., Gullett, Steele, Sanford, Robinson & Merritt, Oliver B. Dickins, Nashville, Tenn., on brief, for appellant.

John J. Martin, New York City, Glasgow, Adams & Taylor, Nashville, Tenn., Bigham, Englar, Jones & Houston, New York City, on brief; Alfred T. Adams, Jr., Nashville, Tenn., of counsel, for appellee.

Before WEICK, EDWARDS and KENT, Circuit Judges.

PER CURIAM.

Plaintiff brought suit in the United States District Court for the Middle District of Tennessee against defendant insurance company, which had sold it an insurance policy called a "transportation policy."

The critical language in the policy to this litigation follows:

"1. This Policy insures building materials, plumbing, heating and electrical equipment, supplies and fixtures, the property of the Assured or property of others while in...

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