KELLY v. COMMERCIAL UNION INS. CO.

No. 82-4567 Summary Calendar.

709 F.2d 973 (1983)

Riley T. KELLY and Annette A. Kelly, Plaintiffs-Appellees, v. COMMERCIAL UNION INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1983.


Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway, Steven H. Beadles, John D. Collinsworth, Shreveport, La., for defendant-appellant.

John P. Navarre, Oakdale, La., for plaintiffs-appellees.

Before GEE, RANDALL and TATE, Circuit Judges.


RANDALL, Circuit Judge:

The defendant, Commercial Union Insurance Company, has appealed from the trial court's judgment in favor of the plaintiffs, Riley and Annette Kelly, which awarded the plaintiffs fire insurance proceeds. On appeal, the defendant claims: (1) that the trial judge improperly required the defendant to prove its arson defense "beyond a shadow of a doubt;" (2) that the trial judge erred in denying the defendant...

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