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STANDARD DRY KILN CO. v. BITUMINOUS FIRE & MAR. INS. CO.

No. 26403.

479 F.2d 427 (1973)

STANDARD DRY KILN COMPANY, a corporation, Appellant, v. BITUMINOUS FIRE AND MARINE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 2, 1973.

Attorney(s) appearing for the Case

Walter J. Cosgrave (argued), Frank Lagesen, James H. Gidley, Maguire, Kester & Cosgrave, Portland, Or., for appellant.

J. Anthony Giacomini (argued), Stanley C. Jones, Klamath Falls, Or., for appellee.

Before BROWNING, MOORE and WRIGHT, Circuit Judges.

MOORE, Circuit Judge:

Plaintiff-appellant, Standard Dry Kiln Company (Standard), appeals from a judgment dismissing its complaint against defendant-appellee Bituminous Fire and Marine Insurance Co. (Bituminous). The case was tried without a jury (Gus J. Solomon, Judge) largely upon facts and exhibits stipulated in a comprehensive pre-trial order, interrogatories and answers thereto, requests for admissions and responses thereto, and résumés of the testimony...

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