INSURANCE CO. OF NO. AMER. v. BOSWORTH CONSTRUCTION CO.

No. 72-2150 Summary Calendar.

469 F.2d 1266 (1972)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellant, v. BOSWORTH CONSTRUCTION CO. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 10, 1972.


Attorney(s) appearing for the Case

C. Murphy Moss, Jr., William S. Penick, Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, New Orleans, La., for plaintiff-appellant.

Peter A. Feringa, Jr., Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for United States Fidelity & Guaranty Co.

William J. Wegmann, New Orleans, La., for Krebs and LeMieux.

John V. Baus, New Orleans, La., for Hughes Constr. Co.

Ben C. Toledano, New Orleans, La., L. Drew Redden, William H. Mills, Birmingham, Ala., for Schuler.

Felicien P. Lozes, New Orleans, La., for Bosworth Constr. Co.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


WISDOM, Circuit Judge.

The appellant, Insurance Company of North America, appeals from the decision of the district court granting summary judgment. We affirm.

On December 2, 1966, a portion of the Governor House Motel in New Orleans collapsed. In accordance with an insurance policy then in effect, Insurance Company of North America paid the owners of the collapsed structure the sum due under the terms of the policy...

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