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FISHER v. INDIANA LUMBERMENS MUTUAL INSURANCE CO.

No. 71-2378. Summary Calendar.

456 F.2d 1396 (1972)

C. M. FISHER, Plaintiff-Appellant, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 19, 1972.

Attorney(s) appearing for the Case

Harry B. Friedman, Texarkana, Tex., for plaintiff-appellant.

Larry L. Gollaher, Dallas, Tex., for defendant-appellee.

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

JOHN R. BROWN, Chief Judge:

Following a fire that totally destroyed his house and various items of personal property inside it, C. M. Fisher (Assured) sued Indiana Lumbermens Mutual Insurance Company (Insurer) for recovery of the loss under the terms of a Texas Standard Homeowners Policy1 written by Insurer. At the close of the evidence the District Court granted Insurer's motion for a directed verdict on the issue of liability for loss...

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