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FIRE ASS'N OF PHILADELPHIA v. WEATHERED

No. 6298.

54 F.2d 779 (1932)

FIRE ASS'N OF PHILADELPHIA et al. v. WEATHERED et al.

Circuit Court of Appeals, Fifth Circuit.

January 6, 1932.

Attorney(s) appearing for the Case

Wm. C. Thompson, of Dallas, Tex., for appellants.

W. L. Eason and W. W. Naman, both of Waco, Tex., for appellees.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

FOSTER, Circuit Judge.

Appellee, Weathered, brought two suits in a state court against appellants to recover on two policies of fire insurance, each for $4,000, for the destruction by fire of a dwelling in Waco, Tex. Each policy contained a clause making it payable to appellee, the Mortgage Bond Company, as interest might appear, and that company intervened to assert its rights. After removal to the federal court the cases were consolidated and tried as one. The policies...

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