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QUEEN INS. CO. OF AMERICA v. CITRO

No. 4624.

58 F.2d 107 (1932)

QUEEN INS. CO. OF AMERICA et al. v. CITRO.

Circuit Court of Appeals, Seventh Circuit.

April 7, 1932.

Attorney(s) appearing for the Case

C. Oscar Carlson, Robert J. Folonie, and Hendrik Folonie, all of Chicago, Ill., for appellants Queen Ins. Co. and Firemen's Fund Ins. Co.

Herbert W. Hirsh, Frederick D. Silber, and Samuel Levin, all of Chicago, Ill., for appellants Allemannia Fire Ins. Co. and others.

Irving Breakstone, of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

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

The following questions are presented by this appeal: (1) Is equity without jurisdiction? (2) In the absence of a waiver does the failure to make proofs of loss within the time required by the several policies constitute a bar to this action? (3) Was there a waiver of appellants as to such proofs of loss? (4) If there was such waiver proven, will that fact be of avail...

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