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U. S. INDUSTRIES, INC. v. AETNA CAS. & SUR. CO.

No. 82-3079 Summary Calendar.

690 F.2d 459 (1982)

U. S. INDUSTRIES, INC., Wyatt Industries, Inc., and Steel Tank Construction Co., Plaintiffs-Appellants, v. AETNA CASUALTY & SURETY COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 1, 1982.

Attorney(s) appearing for the Case

Hammett, Leake & Hammett, Robert E. Leake, Jr., New Orleans, La., for plaintiffs-appellants.

Bienvenu, Foster, Ryan & O'Bannon, Ernest L. O'Bannon, New Orleans, La., for defendants-appellees.

Before GEE, RANDALL, and TATE, Circuit Judges.

TATE, Circuit Judge:

In this Louisiana diversity case, the plaintiffs ("Wyatt")1 appeal from a directed verdict in favor of the defendant insurers ("Aetna"),2 who had issued a builder's "all risks" policy. At the close of Wyatt's case presented before the jury, the district court granted Aetna's motion for directed verdict, upholding Aetna's contention that Wyatt's own evidence unequivocally showed that the...

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