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CUMBEST v. PHOENIX OF HARTFORD INSURANCE COMPANY

No. 30639 Summary Calendar.

438 F.2d 1222 (1971)

Donald W. CUMBEST and American National Insurance Company, Plaintiffs-Appellees, v. PHOENIX OF HARTFORD INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 12, 1971.

Attorney(s) appearing for the Case

W. F. Goodman, Jr., Jackson, Miss., Bryant & Stennis, Gulfport, Miss., Watkins & Eager, Jackson, Miss., of counsel, for appellant.

Boyce L. Holleman, Gulfport, Miss., George D. Maxey, Laurel, Miss., Roger Landrum, Jackson, Miss., George Shaddock, Pascagoula, Miss., Cumbest, Cumbest & Shaddock, Pascagoula, Miss., of counsel, for appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Donald W. Cumbest sued appellant Phoenix of Hartford Insurance Company on an insurance policy, alleging destruction of his house by windstorm during Hurricane Camille on August 17, 1969. The coverage of the house by the policy was $60,000 and the coverage of the contents was $16,000. The trial resulted in a jury verdict for appellee Cumbest in the amount of $70,000.

As the appellants did in Home Insurance Co., New York v. Sherrill, 5 Cir., 1949...

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