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

No. 87-4518.

854 F.2d 100 (1988)

MERCHANTS NATIONAL BANK, VICKSBURG, MISSISSIPPI, Plaintiff, v. SOUTHEASTERN FIRE INSURANCE CO., INC. and American Security, Insurance Co., Inc., Defendants-Appellees, v. John N. BARLOW and Edna Earl Barlow, Appellants. John N. BARLOW, Plaintiff-Appellant, v. AMERICAN SECURITY INSURANCE CO., and Southeastern Fire Insurance Co., Inc., Defendants-Third Party Defendants-Appellees, v. Edna Earl BARLOW, Defendant-Third Party Plaintiff-Appellant. VICKSBURG SMALL BUSINESS INVESTMENT CO., Plaintiff, v. AMERICAN SECURITY INSURANCE CO., INC., Defendant-Appellee, v. John N. BARLOW and Edna Earl Barlow, Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 3, 1988.

Attorney(s) appearing for the Case

Landman Teller, Jr., Kenneth B. Rector, Teller, Chaney & Rector, Vicksburg, Miss., for appellants.

Walker W. Jones, III, Ross F. Bass, Jr., Phelps, Dunbar, Marks, Claverie & Sims, Jackson, Miss., for defendant-appellee.

Before THORNBERRY, WILLIAMS and SMITH, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

In this diversity suit, John N. Barlow appeals from a judgment barring his recovery under a homeowner's insurance policy issued by appellee American Security Insurance Co. ("American"). His mother, Edna Barlow, joins in the appeal as a mortgagee claiming a right to recover under the policy. John Barlow also appeals the dismissal of his claim against appellee Southeastern Fire Insurance Company, Inc., ("Southeastern"), for wrongful...

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