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UNITED STATES FIRE INS. CO. OF THE CITY OF NEW YORK v. SULLIVAN

No. 7902.

25 F.2d 40 (1928)

UNITED STATES FIRE INS. CO. OF THE CITY OF NEW YORK v. SULLIVAN.

Circuit Court of Appeals, Eighth Circuit.

March 16, 1928.

Attorney(s) appearing for the Case

Frederick D. Silber, of Chicago, Ill. (Samuel Levin, of Chicago, Ill., Clinton Brome, of Omaha, Neb., and Herbert W. Hirsh, of Chicago, Ill., on the brief), for plaintiff in error.

Clement L. Waldron, of Omaha, Neb., for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

STONE, Circuit Judge.

This is an action upon a policy of fire insurance for loss of a dwelling located in Nebraska. The trial court sustained a motion for judgment on the pleadings. The insurance company sues this writ of error.

The petition set forth a cause of action on the policy. The amended answer admitted the policy, loss and demand. It continued as follows:

"4. Further answering, and by way of affirmative defense, this defendant alleges the...

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