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DANIEL v. FIREMAN'S FUND INS. CO.

No. 5874.

46 F.2d 784 (1931)

DANIEL et al. v. FIREMAN'S FUND INS. CO.

Circuit Court of Appeals, Fifth Circuit.

February 13, 1931.

Attorney(s) appearing for the Case

C. Edmund Worth, of Tampa, Fla., for appellants.

John B. Sutton and H. C. Tillman, both of Tampa, Fla., for appellee.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.

FOSTER, Circuit Judge.

This is a suit by appellants to recover on a policy of fire insurance covering furniture and household effects to the extent of $5,000. Demurrers to the declaration and various pleas of the defendant were sustained and the suit was dismissed. The issues raised by the pleadings are these:

Defendant relies upon a clause of the policy requiring sworn proof of loss to be presented within 60 days after the fire unless waived in writing, which...

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