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UNITED STORES OF AMER., INC. v. INSURANCE CONSULTANTS, INC.

No. 71-1736.

468 F.2d 1010 (1972)

UNITED STORES OF AMERICA, INC., a corporation, Appellant, v. INSURANCE CONSULTANTS, INC., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 24, 1972.

Attorney(s) appearing for the Case

Samuel J. Goldenhersh, Goldenhersh & Newman, St. Louis, Mo., for appellant.

Ralph C. Kleinschmidt, Evans & Dixon, and Kohn, Shands & Gianoulakis, St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, MEHAFFY, Circuit Judge, and DENNEY, District Judge.

MEHAFFY, Circuit Judge.

This appeal is from a judgment in a nonjury diversity case tried to The Honorable H. Kenneth Wangelin, United States District Judge for the Eastern District of Missouri, Eastern Division. Appellant sought damages for the uninsured portion of a fire loss claiming appellee was negligent and breached an oral contract to provide insurance. The issues before us are primarily factual ones. Federal Rule of Civil Procedure 52(a) precludes us from substituting...

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