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MAURICE PINCOFFS CO. v. ST. PAUL FIRE & MARINE INS. CO.

No. 30760 Summary Calendar.

447 F.2d 204 (1971)

MAURICE PINCOFFS COMPANY, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellee, American Home Assurance Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 14, 1971.

Attorney(s) appearing for the Case

J. P. Forney, Jr., Houston, Tex., for defendant-appellant; Eastham, Watson, Dale & Forney, Houston, Tex., of counsel.

James E. Ross, Houston, Tex., for plaintiff.

Sam W. Cruse, Houston, Tex., for defendant-appellee; Fullbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

In this declaratory judgment action, the district court was called upon to determine the meaning of the word "occurrence" in an insurance contract. The court found only a single occurrence under the policy in certain sales of bird seed, which was contaminated at one source prior to sales to several different buyers, 315 F.Supp. 964. We hold that there were several occurrences and reverse.

Since the...

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