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CONTINENTAL INS. CO. v. TITCOMB

No. 6950.

7 F.2d 833 (1925)

CONTINENTAL INS. CO. OF NEW YORK v. TITCOMB.

Circuit Court of Appeals, Eighth Circuit.

September 4, 1925.

Attorney(s) appearing for the Case

Nathan H. Chase, of Minneapolis, Minn., for plaintiff in error.

Harry A. Hageman, of St. Paul, Minn., for defendant in error.

Before KENYON and BOOTH, Circuit Judges, and AMIDON, District Judge.

AMIDON, District Judge.

This action is brought on a standard "use and occupancy" policy of insurance for $5,000 on a lunchroom and restaurant conducted by the insured. The liability under the policy was "* * * for the actual loss sustained, consisting of net profits on the business which is thereby prevented, and such fixed charges and expenses pertaining thereto as must necessarily continue during a total or partial suspension...

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