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WATKINS v. CONTINENTAL INS. COMPANIES

No. 82-4179 Summary Calendar.

690 F.2d 449 (1982)

Frank WATKINS, Plaintiff-Appellant, v. The CONTINENTAL INSURANCE COMPANIES, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 1, 1982.

Attorney(s) appearing for the Case

Duncan Lott, Booneville, Miss., for plaintiff-appellant.

Alan W. Carter, Greenwood, Miss., for defendants-appellees.

Before GEE, RANDALL and TATE, Circuit Judges.

TATE, Circuit Judge:

On January 28, 1980 the plaintiff Watkins' home near Vardaman, Mississippi was destroyed by fire. Watkins brought this Mississippi diversity action against his homeowner's insurer to recover under the policy for the fire loss thereby sustained. At the close of the plaintiff's case, the district court granted the defendant insurer's motion for a directed verdict. The court concluded as a matter of law, relying on Edmiston v. Schellenger,

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