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BARD'S APPAREL MFG., INC. v. BITUMINOUS FIRE & MARINE INS.

No. 87-5062.

849 F.2d 245 (1988)

BARD'S APPAREL MANUFACTURING, INC., Plaintiff-Appellee, v. BITUMINOUS FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 16, 1988.

Attorney(s) appearing for the Case

Kenneth R. Starr (argued), Luther, Anderson, Cleary and Ruth, Nora A. McCarthy, Pamela A. McNutt, Kent L. Booher, Chattanooga, Tenn., for defendant-appellant.

Frank Van Cleave, III (argued), Tullahoma, Tenn., for plaintiff-appellee.

Before LIVELY and GUY, Circuit Judges, and COHN, District Judge.

COHN, District Judge.

Defendant, Bituminous Fire and Marine Insurance Company (Bituminous), appeals from a $131,250 judgment entered against it on November 24, 1986 in favor of plaintiff, Bard's Apparel Manufacturing, Inc. (Bard's), as a consequence of a property damage and business interruption loss incurred by Bard's due to vandalism on August 10, 1985. A jury found in favor of Bard's as follows: $75,000 as compensation for contents loss; $50,000 for business interruption...

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