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COLUMBIA AXLE CO. v. AMERICAN AUTOMOBILE INS. CO.

No. 6112.

63 F.2d 206 (1933)

COLUMBIA AXLE CO. v. AMERICAN AUTOMOBILE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

February 14, 1933.

Attorney(s) appearing for the Case

William H. Bemis and Arthur C. Denison, both of Cleveland, Ohio (Baker, Hostetler, Sidlo & Patterson, of Cleveland, Ohio, Pruitt & Grealis, of Chicago, Ill., William H. Bemis, of Cleveland, Ohio, and Raymond S. Pruitt, of Chicago, Ill., on the brief), for appellant.

C. M. Horn, of Cleveland, Ohio (Fred J. Perkins and McKeehan, Merrick, Arter & Stewart, all of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The case was tried below to the District Judge, in pursuance of a stipulation waiving a jury. The court made special findings of fact, and entered judgment in favor of the appellee, who was the plaintiff below, for the full amount prayed for in its petition. The defendant appeals.

The facts, sufficiently stated for our purpose, are as follows:

In 1928, the Peerless Motor Car Corporation...

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