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INTERNATIONAL D. ENG. CO. OF ASIA, INC. v. AMERICAN H.A. CO.

No. 26742.

474 F.2d 1242 (1973)

INTERNATIONAL DAIRY ENGINEERING CO. OF ASIA, INC. and Foremost Dairies Vietnam, S.A.R.L., Plaintiffs-Appellants, v. AMERICAN HOME ASSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 3, 1973.

Attorney(s) appearing for the Case

Harlon P. Rothert (argued), of Cushing, Cullinan, Hancock & Rothert, Wayne D. Hudson, Thomas F. Wolfe, J. Robert Notz, Jr., Legal Dept., Foremost-McKesson, Inc., San Francisco, Cal., for plaintiffs-appellants.

W. Martin Tellegen (argued), Lyman Henry, of Hall, Henry, Oliver & McReavy, San Francisco, Cal., for defendant-appellee.

Before HAMLIN, BROWNING and WRIGHT, Circuit Judges.

HAMLIN, Circuit Judge:

International Dairy Engineering Co. and Foremost Dairies (hereinafter Foremost) appeal from a determination by the United States District Court for the Northern District of California, sitting without jury, that the destruction by fire of certain of their property caused by a parachute flare dropped from an unidentified military aircraft came within the war risk exclusion clause of an insurance policy...

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