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MANUFACTURERS MUT. FIRE INS. CO. v. ROYAL INDEMNITY CO.

No. 72-2723.

501 F.2d 299 (1974)

MANUFACTURERS MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellee, v. ROYAL INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As amended August 2, 1974.

Rehearing Denied August 14, 1974.

Attorney(s) appearing for the Case

John B. Marchant (argued) of Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for defendant-appellant.

Harding A. Orren (argued) of Robins, Davis & Lyons, Minneapolis, Minn., for plaintiff-appellee.

Before MERRILL and ELY, Circuit Judges, and LINDBERG, District Judge.

OPINION

MERRILL, Circuit Judge:

On September 9, 1965, Hurricane Betsy struck the New Orleans area, causing physical damage to plants and facilities owned and operated by Kaiser Aluminum & Chemical Corporation at Chalmette, Gramercy, Baton Rouge, Norco and New Orleans. As a result of this physical damage, Kaiser suffered property damage and business interruption losses of approximately $8,400,000.

This diversity case concerns Kaiser's facility...

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