No. 26863.

475 F.2d 34 (1973)

W. S. SHAMBAN AND COMPANY, a corporation, Appellee, v. COMMERCE AND INDUSTRY INSURANCE COMPANY, a corporation, and Does I through V, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 14, 1973.

Attorney(s) appearing for the Case

David C. Bogert (argued), Richard B. Wolf, of Long & Levit, Los Angeles, Cal., for appellant.

Herbert N. Wolfe (argued), of Low & Stone, Beverly Hills, Cal., for appellee.

Before BARNES and WALLACE, Circuit Judges, and ENRIGHT, District Judge.


This appeal resulted from an action brought by W. S. Shamban and Company against its insurance carrier for breach of the insurance provisions in which the insurance carrier, Commerce and Industry Insurance Company, failed to pay to its insured amounts due under a business interruption policy in force during a fire at the Fort Wayne, Indiana, plant of plaintiff.

On April 12, 1967, a fire at plaintiff's plant damaged one production oven and temperature...

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