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CONCORDIA FIRE INS. CO. v. COMMERCIAL BANK

No. 8692.

39 F.2d 826 (1930)

CONCORDIA FIRE INS. CO. OF MILWAUKEE v. COMMERCIAL BANK OF LIBERTY, MO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 3, 1930.

Attorney(s) appearing for the Case

Samuel Levin, of Chicago, Ill. (Frederick D. Silber, of Chicago, Ill., William S. Hogsett and Chester L. Smith, both of Kansas City, Mo., and Herbert W. Hirsh, of Chicago, Ill., on the brief), for appellant.

Henry S. Conrad, of Kansas City, Mo. (James Simrall, of Liberty, Mo., L. E. Durham and Hale Houts, both of Kansas City, Mo., on the brief), for appellee.

Before VAN VALKENBURGH and GARDNER, Circuit Judges, and MUNGER, District Judge.

GARDNER, Circuit Judge.

This is an action brought by the Commercial Bank of Liberty, Mo., to recover upon a policy of fire insurance which the appellant, Concordia Fire Insurance Company, issued to E. D. Moore, in the amount of $5,000, covering a two-story brick dwelling. The parties will be referred to as they appeared in the lower court. There was attached to the policy a National Board standard mortgage clause, which, in part, reads as follows:

"Loss, if...

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