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IMPERIAL ENTERPRISES, INC. v. FIREMAN'S FUND INS.

No. 74-3830.

535 F.2d 287 (1976)

IMPERIAL ENTERPRISES, INC., d/b/a Imperial Carpet Mills, Inc., Plaintiff-Appellant-Cross Appellee, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 22, 1976.

Attorney(s) appearing for the Case

William H. Horton, Chattanooga, Tenn., Dudley B. Magruder, Jr., Rome, Ga., Charles J. Gearhiser, Chattanooga, Tenn., for Imperial Enterprises, Inc.

Oscar M. Smith, Rome, Ga., for Fireman's Fund.

Before GEWIN and AINSWORTH, Circuit Judges, and MARKEY, Chief Judge.

Rehearing and Rehearing En Banc Denied September 22, 1976.

GEWIN, Circuit Judge:

Appellant, "Imperial Enterprises, Inc. d/b/a Imperial Carpet Mills, Inc.," instituted this diversity action in the Northern District of Georgia to recover on a fire insurance manufacturer's output policy issued by appellee Fireman's Fund Insurance Company (Fireman's Fund). The district court rejected appellant's claim for reform of the...

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