C & J FERT., INC. v. ALLIED MUT. INS. CO.

No. 2-56355.

227 N.W.2d 169 (1975)

C & J FERTILIZER, INC., Appellant, v. ALLIED MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

Rehearing Denied May 16, 1975.


Attorney(s) appearing for the Case

Livingston, Day, Kehoe, Meeker & Bates, Washington, for appellant.

Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee.

Considered en banc.


REYNOLDSON, Justice.

This action to recover for burglary loss under two separate insurance policies was tried to the court, resulting in a finding plaintiff had failed to establish a burglary within the policy definitions. Plaintiff appeals from judgment entered for defendant. We reverse and remand.

Trial court made certain findings of fact in support of its conclusion reached. Plaintiff operated a fertilizer plant...

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