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GUTNER v. SWITZERLAND GENERAL INS. CO. OF ZURICH

No. 295.

32 F.2d 700 (1929)

GUTNER et al. v. SWITZERLAND GENERAL INS. CO. OF ZURICH.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

Pfeiffer & Crames, of New York City (Alfred B. Nathan, of New York City, of counsel), for appellants.

Bigham, Englar & Jones, of New York City (Arthur W. Clement and Henry J. Bogatko, both of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

Since the trial court found unworthy of belief the evidence tending to show that the binder sued upon was not written according to the plaintiffs' application, we need concern ourselves no further with the plaintiffs' claim on argument concerning the effect of such evidence. Without this, it would be well to bear in mind that the plaintiffs have seen fit to bring this suit at law to enforce the terms of the...

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