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INSURANCE COMPANY OF STATE OF PENNSYLVANIA v. SMITH

Nos. 82-70, 83-70.

435 F.2d 1029 (1971)

The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, Appellant, v. Joe L. SMITH and Amy Jane Smith, d/b/a Smith Mercantile Company, and Guarantee Insurance Company, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 10, 1971.

Attorney(s) appearing for the Case

A. Camp Bonds, of Bonds, Matthews & Mason, Muskogee, Okl., for appellant.

Richard L. Gossett, of Stipe, Gossett & Stipe, McAlester, Okl., for appellees Joe L. Smith and Amy Jane Smith, d/b/a Smith Mercantile Co.

Robert S. Baker, Oklahoma City, Okl., for appellee Guarantee Insurance Co.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and BRATTON, District Judge.

BRATTON, District Judge.

Two questions are presented for decision on this appeal. The first and primary issue before us is whether the procuring of a new fire insurance policy with the intention that it substitute for an existing policy serves to effect a cancellation of an insured's existing fire insurance policy. The second question is whether an insured's testimony as to value of fixtures, if such opinion is the only evidence on the issue in the case, must be accepted...

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