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KALMBACH, INC. v. INS. CO. OF STATE OF PA., INC.

No. 74-1415.

529 F.2d 552 (1976)

KALMBACH, INC., et al., Appellants, v. The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

January 12, 1976.

Attorney(s) appearing for the Case

Irving S. Bertram (argued), Hughes, Thorsness, Lowe, Gantz & Clark, Anchorage, Alaska, for appellants.

Richard A. Helm (argued), Burr, Pease & Kurtz, Anchorage, Alaska, for appellee.

Before BROWNING, DUNIWAY and KILKENNY, Circuit Judges.

OPINION

KILKENNY, Circuit Judge:

Appellants, the plaintiffs below, appeal from a judgment in an action on maritime insurance policies to recover for the loss of two sea-going vessels, a tug and a barge. We reverse.

THE PROCEEDING BELOW

Initially, the district court denied each of the parties motions for summary judgment, with leave to renew. The parties, being unable to agree on the facts, provided a record by way of requests for...

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