No. 72-1525.

485 F.2d 34 (1973)

Paul and Majorie HOWARTH, Appellants, v. DRUGGISTS MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 25, 1973.

Attorney(s) appearing for the Case

Jo B. Gardner, Monett, Mo., for appellants.

Paul H. Niewald, Kansas City, Mo., for appellee.

Before MATTHES, Chief Judge, BRIGHT, Circuit Judge, and SMITH, District Judge.


Paul and Marjorie Howarth, appellants, sustained damages to their home and business property (Rexall Drug Store) as a result of a freight train explosion on the Kansas City Southern Railway at Noel, Missouri, on August 3, 1969. They brought an action in federal district court grounded on diversity of citizenship against Druggists Mutual Insurance Company, appellee, to recover these damages under a fire insurance policy affording coverage for loss by explosion...

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