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WESTCHESTER FIRE INS. CO. v. NORFOLK BUILDING & LOAN ASS'N

No. 7375.

14 F.2d 524 (1926)

WESTCHESTER FIRE INS. CO. OF NEW YORK v. NORFOLK BUILDING & LOAN ASS'N.

Circuit Court of Appeals, Eighth Circuit.

August 2, 1926.

Attorney(s) appearing for the Case

Matthew A. Hall, of Omaha, Neb. (Raymond G. Young and Harvey M. Johnsen, both of Omaha, Neb., on the brief), for plaintiff in error.

M. S. McDuffee, of Norfolk, Neb. (Donald D. Mapes, of Norfolk, Neb., on the brief), for defendant in error.

Before LEWIS, Circuit Judge, and TRIEBER and KENNAMER, District Judges.

KENNAMER, District Judge.

This action was instituted by the Norfolk Building & Loan Association, a mortgagee, to recover on a contract of fire insurance issued by the Westchester Fire Insurance Company of New York, on the 29th day of December, 1917, to E. A. Dimmitt, as the owner of the insured property, described as lot 19, in block 15, of the original town of O'Neill, Hope county, Neb. At the time of the issuance of the policy of fire insurance, E. A. Dimmitt...

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