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SCHEUER v. ST. PAUL FIRE & MARINE INS. CO.

No. 4495.

5 F.2d 495 (1925)

SCHEUER et al. v. ST. PAUL FIRE & MARINE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

April 1, 1925.

Attorney(s) appearing for the Case

S. Pasco, Jr., of Pensacola, Fla., W. W. Clark, of Milton, Fla., and W. H. Watson, of Pensacola, Fla. (Watson & Pasco, of Pensacola, Fla., on the brief), for plaintiffs in error.

J. E. D. Yonge, of Pensacola, Fla., and Daniel MacDougald, of Atlanta, Ga. (R. A. McGeachy, of Milton, Fla., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This case was here on a former writ of error from a judgment in favor of the plaintiffs. St. Paul Fire & Marine Ins. Co. v. Scheuer, 298 F. 257. In the last trial, as in the former one, a principal defense relied on was based upon the provision of the policy sued on that "this entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * * if the interest of the insured be other than unconditional...

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