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FIREMAN'S FUND INS. CO. v. VIDEFREEZE CORP.

Nos. 75-2405, 75-2406.

540 F.2d 1171 (1976)

FIREMAN'S FUND INSURANCE CO., Appellant in No. 75-2405, v. VIDEFREEZE CORPORATION, and David E. Chinnery Development Corp., Appellants in No. 75-2406.

United States Court of Appeals, Third Circuit.

Decided August 25, 1976.

Attorney(s) appearing for the Case

Richard E. Grunert, Grunert, Stout, Hymes & Mayer, Charlotte Amalie, St. Thomas, V. I., for appellants in 75-2406 and as cross-appellees in 75-2405.

C. James Jessee, Jr., Atlanta, Ga., Thomas Alkon, Isherwood, Colianni, Alkon & Barnard, Christiansted, St. Croix, V. I., for appellee in 75-2406 and as cross-appellant in 75-2405.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This lawsuit has its origin in the behavior and power of nature, rather than in the conduct of the parties. A sudden rockslide occurred at Haypiece Hill on St. Thomas, Virgin Islands, between midnight and 8:00 o'clock A.M. on December 8, 1974. David E. Chinnery Development Corporation ("Chinnery") owned two buildings at the foot of Haypiece Hill which it leased to Videfreeze...

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