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WILKINSON v. HOME INS. CO.

No. 77-2330.

568 F.2d 649 (1978)

James K. WILKINSON and Charmine Wilkinson, Plaintiffs-Appellees, v. The HOME INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 25, 1978.

Attorney(s) appearing for the Case

Annette Y. W. Chock, Honolulu, Hawaii, for defendant-appellant.

Robert M. Rothwell, Honolulu, Hawaii, for plaintiffs-appellees.

Before HUFSTEDLER, SNEED, and KENNEDY, Circuit Judges.

PER CURIAM:

The Home Insurance Company ("Home") appeals from a summary judgment in favor of the Wilkinsons in their action to recover for the loss of a tender which they claimed was covered by their yacht insurance policy with Home. The issue is whether the loss of the tender was excluded under the terms of the policy because the property was stolen while it was tied up on the beach and the policy excluded loss by theft "unless the

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