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EVANS v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 4540.

49 F.2d 86 (1931)

EVANS v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Third Circuit.

April 17, 1931.

Attorney(s) appearing for the Case

Thos. R. White and White, Parry, Schnader & Maris, all of Philadelphia, Pa., for appellant.

John Murdoch Clarke and Francis B. Bracken, both of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for appellee.

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

THOMSON, District Judge.

This appeal of Powell Evans raises the question whether the court below correctly construed the opinion of this court rendered on the prior appeal [42 F.2d 15], in entering a decree pursuant thereto, against defendants Powell Evans and the Schuylkill Railway Company. The appellant contends that the decree should have been entered against the railway company alone. The facts of the case were so fully stated...

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