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  5. 648 F.2d 1177 (1981)
 

GIBSON'S OF DOUGLAS, GA., INC. v. COMMERCIAL UNION INS. CO.

Nos. 80-1686, 80-1697.

648 F.2d 1177 (1981)

GIBSON'S OF DOUGLAS, GA., INC., Appellee, v. COMMERCIAL UNION INSURANCE CO., Appellant. GIBSON'S OF DOUGLAS, GA., INC., Appellant, v. COOK, TREADWELL & HARRY, INC., and Leon B. Kindred, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1981.

Attorney(s) appearing for the Case

W. Frank Morledge, Sharpe & Morledge, P.A., Forrest City, Ark., for appellee.

Rick Sellars, Bailey, Trimble & Pence, Little Rock, Ark., for appellant.

James B. Gannaway, Gannaway & Darrow, Little Rock, Ark., for appellees.

Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

These appeals arise out of an action on an insurance policy tried to the District Court. Judgment was entered July 1, 1980, against Commercial Union Insurance Company (Commercial) in favor of the insured, Gibson's of Douglas, Ga., Inc., in the amount of $56,399.57, together with interest from October 9, 1974, until paid. This appeal followed. We vacate the judgment of the District Court and remand for further proceedings.

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