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MERCHANTS NAT. BANK v. SOUTHEASTERN FIRE INS. CO.

No. 83-4381.

751 F.2d 771 (1985)

MERCHANTS NATIONAL BANK, VICKSBURG, MS, Plaintiff-Appellee-Appellant-Cross Appellee, v. SOUTHEASTERN FIRE INSURANCE CO., INC. and American Security Insurance Co., Inc., Defendants-Third Party Defendants-Appellees-Cross Appellants, v. The BOSSIER CITY BANK & TRUST CO., Defendant-Third Party Plaintiff-Appellant. John BARLOW, Plaintiff-Appellee-Appellant, v. AMERICAN SECURITY INSURANCE CO., Defendant-Third Party Defendant-Appellee, v. The BOSSIER CITY BANK & TRUST CO., Defendant-Third Party Plaintiff-Appellant, v. Edna Earl BARLOW, Defendant-Third Party Plaintiff Appellee-Appellant. VICKSBURG SMALL BUSINESS INVESTMENT CO., Plaintiff-Appellee, v. AMERICAN SECURITY INSURANCE CO., et al., Defendants-Third Party-Defendants, v. The BOSSIER CITY BANK & TRUST CO., Defendant-Third Party Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

January 28, 1985.

Attorney(s) appearing for the Case

Keyes, Moss & Piazza, Donald C. Woods, Ben J. Piazza, Jr., Jackson, Miss., for Bossier Bank.

Ward, Martin, Terry, King & Sorey, Edley H. Jones, III, Vicksburg, Miss., for Merchants Nat. Bank.

Bodron & Yoste, Harry M. Yoste, Jr., Vicksburg, Miss., for John and Edna Barlow.

Varner, Parker & Sessums, R.E. Parker, Jr., Davis M. Sessums, Vicksburg, Miss., Watkins & Eager, James L. Carroll, Jackson, Miss., for S.E. Fire & American Sec.

Before WISDOM, RANDALL and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This diversity action was brought when the defendant insurers refused to pay claims on a casualty policy to the owner and mortgagees of a house destroyed by fire. The plaintiff John Barlow (Barlow) had purchased a casualty insurance policy on his home from American Security Insurance Company (American). He listed as mortgagees on the policy Merchants National Bank (Merchants), Bossier Bank and Trust Company (Bossier), and Vicksburg Small...

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