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FRED MEYER, INC. v. CENTRAL MUTUAL INSURANCE COMPANY

Civ. No. 63-318.

235 F.Supp. 540 (1964)

FRED MEYER, INC., Plaintiff, v. CENTRAL MUTUAL INSURANCE COMPANY, Sun Insurance Office Ltd., Westchester Fire Insurance Company, American Home Insurance Company, Indiana Lumbermen's Mutual Insurance Company, Defendants.

United States District Court D. Oregon.

October 6, 1964.

Attorney(s) appearing for the Case

George W. Mead, Portland, Or., for plaintiff.

Kenneth E. Roberts, of Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., Long & Levit, Victor B. Levit, San Francisco, for defendant Central Mut. Ins. Co.

R. R. Bullivant, of Pendergrass, Spackman, Bullivant & Wright, Portland, Or., for remaining defendants.

KILKENNY, District Judge.

This diversity action is before the court on plaintiff's claims that defendant insurance companies are liable under certain insurance policies issued by them to plaintiff. The claims grow out of a loss of perishable food on October 12, 1962. The food spoiled at sprinklered locations in plaintiff's stores when a windstorm of hurricane force, destroyed electric power lines supplying the power to plaintiff's refrigeration facilities. The facts...

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