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KANE v. ST. PAUL FIRE & MARINE INSURANCE CO.

Civ. A. No. 3140.

214 F.Supp. 178 (1963)

David KANE and wife, Gertrude Kane v. ST. PAUL FIRE & MARINE INSURANCE CO.

United States District Court W. D. Texas, San Antonio Division.

February 19, 1963.

Attorney(s) appearing for the Case

John R. Locke, Jr., San Antonio, Tex., for plaintiffs.

George H. Spencer, San Antonio, Tex., for defendant.

SPEARS, Chief Judge.

This is a summary judgment case. Plaintiffs, who are residents of Texas, on or about August 20, 1957 purchased from defendant, an out-of-state corporation, a comprehensive dwelling insurance policy to insure their residence for a term of three years against "all risks of physical loss", except for certain exclusions, among which are the following:

"Loss by termites or other insects; deterioration; smoke from agricultural smudging or industrial...

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