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UNDERWOOD v. COLONIAL PENN INS. CO.

Nos. 88-2802, 88-2858.

888 F.2d 588 (1989)

Rudolph W. UNDERWOOD, Appellant, v. COLONIAL PENN INS. COMPANY, Appellee. Prudential Property and Casualty Insurance Company, Intervenors Below. Rudolph W. UNDERWOOD, Appellee, v. COLONIAL PENN INS. COMPANY, Prudential Property and Casualty Insurance Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 1989.

Rehearing and Rehearing Denied January 8, 1990.

Attorney(s) appearing for the Case

Jim Lyons, Jonesboro, Ark., for Underwood.

John E. Moore and Patrick J. Goss, Little Rock, Ark., for Colonial Penn Ins. Co.

Before GIBSON and WOLLMAN, Circuit Judges, and ROSS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 8, 1990.

ROSS, Senior Circuit Judge.

Rudolph W. Underwood appeals from the district court's1 order entered upon a jury verdict in favor of Colonial Penn Insurance Company (Colonial), in Underwood's breach of contract action to recover insurance proceeds. On April 16, 1986, Underwood took out a homeowners insurance policy with Colonial. On June 12, 1986, his home was totally destroyed...

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