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SMITH v. INSURANCE COMPANY OF NORTH AMERICA

Civ. A. No. 434.

213 F.Supp. 675 (1962)

Thurman SMITH, Trustee, et al. v. INSURANCE COMPANY OF NORTH AMERICA et al.

United States District Court M. D. Tennessee, Columbia Division.

Supplemental Opinion January 25, 1963.

Attorney(s) appearing for the Case

Fyke Farmer, Nashville, Tenn., for plaintiff Helen Corinne Scales Trice, executrix of the will of Joe W. Scales, deceased.

Lon P. MacFarland and William B. Cain, MacFarland & Colley, Columbia, Tenn., D. C. Lee, Pulaski, Tenn., Joe W. Henry, Jr., Henry & Henry, Pulaski, Tenn., and Malcolm Marshall, Ogden, Brown, Robertson & Marshall, Louisville, Ky., for defendants Commercial Union Assur. Co., Limited, and others.

GRAY, District Judge.

The overriding issue on the trial of this case was whether the late Joe W. Scales had somebody set fire to his feed and seed mill near Pulaski, Tennessee, July 14, 1956, to collect insurance. The overwhelming weight of the evidence was that he did. The jury said he did not but did say that he had been guilty of fraud, false swearing or willful concealment or misrepresentation of material matters in relation to his claims against the two defendants...

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