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WESTERN ASSUR. CO. v. WEINER

No. 4080.

38 F.2d 229 (1930)

WESTERN ASSUR. CO. v. WEINER.

Circuit Court of Appeals, Third Circuit.

February 11, 1930.

Attorney(s) appearing for the Case

Horace M. Schell, of Philadelphia, Pa., for appellant.

Arthur S. Arnold, of Philadelphia, Pa., and M. Bernard Hoffman, of Reading, Pa., for appellee.

Before BUFFINGTON, Circuit Judge, and THOMSON and AVIS, District Judges.

BUFFINGTON, Circuit Judge.

In a state court, Weiner, a citizen of Pennsylvania, brought suit against the Western Assurance Company, a corporate citizen of Canada, to recover on an alleged oral insurance contract on plaintiff's store for loss by fire of use and occupancy. The defendant, a corporate citizen of Canada, removed the case to the federal court below. Trial by jury was waived, the facts stipulated, whereupon the trial judge made findings of fact that the...

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