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DON BURTON, INC. v. AETNA LIFE & CAS. CO.

No. 76-1830.

575 F.2d 702 (1978)

DON BURTON, INC. and Don Burton, Individually, Plaintiffs-Appellees, v. AETNA LIFE & CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied May 26, 1978.

Attorney(s) appearing for the Case

Scott Conley (argued), San Francisco, Cal., for defendant-appellant.

James A. Richman (argued), San Francisco, Cal., for plaintiffs-appellees.

Before WALLACE and SNEED, Circuit Judges, and PALMIERI, District Judge.

Rehearing and Rehearing En Banc Denied May 26, 1978.

PALMIERI, District Judge:

On July 1, 1973, a shoe store owned by Don Burton, Inc., a California corporation, and operated by Don Burton, the individual plaintiff below, burned down.1 This was one of several retail shoe stores operated by Burton in the Sacramento area. At the time of the fire, insurance policies issued by Aetna Life & Casualty Company ("Aetna"), a Connecticut...

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