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J.C. WYCKOFF & ASSOCIATES v. STANDARD FIRE INS. CO.

Nos. 89-1773, 89-1822 and 89-1823.

936 F.2d 1474 (1991)

J.C. WYCKOFF & ASSOCIATES, INC., Plaintiff-Appellant (89-1773)/Cross-Appellee, Second National Bank of Saginaw, Intervening Plaintiff-Appellee (89-1822), Ann Arbor Leasing, Inc., Intervening Plaintiff, v. The STANDARD FIRE INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant (89-1823) and Appellant (89-1822).

United States Court of Appeals, Sixth Circuit.

Decided June 20, 1991.

Rehearing and Rehearing Denied August 2, 1991.

Attorney(s) appearing for the Case

Roland J. Jersevic, Crane & Crane, and Timothy R. McLeod, and Susan J. Tarrant, Polasky, Meisel, Rosenbaum & McLeod, Saginaw, Mich., for J.C. Wyckoff & Associates, Inc.

Susan M. Cook (argued) and David L. Powers, Lambert, Leser, Dahm, Giunta, Cook & Schmidt, Bay City, Mich., for Second Nat. Bank of Saginaw, a Nat. Banking Ass'n.

Michael V. Marston, Rice, Rice, Gilbert & Marston, Detroit, Mich., for Ann Arbor Leasing, Inc.

Charles Tuffley (argued), Daryl G. Fryxell, Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, and Judith A. Friday, Southfield, Mich., for the Standard Fire Ins. Co.

Before MARTIN and GUY, Circuit Judges; and EDWARDS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 2, 1991.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiff, J.C. Wyckoff & Associates, Inc. (Wyckoff), commenced this suit in order to recover proceeds under a fire insurance policy issued by defendant, The Standard Fire Insurance Company (Standard Fire).1 The policy named intervening plaintiff, Second National Bank of Saginaw (the Bank), a lender of money to Wyckoff, under a loss payable...

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