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FIDELITY-PHENIX FIRE INS. CO. v. BENEDICT COAL CORP.

Nos. 3383, 3384.

64 F.2d 347 (1933)

FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK et al. v. BENEDICT COAL CORPORATION. BENEDICT COAL CORPORATION v. FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK et al.

Circuit Court of Appeals, Fourth Circuit.

April 4, 1933.

Attorney(s) appearing for the Case

Alexander H. Sands, of Richmond, Va. (Morton & Parker, of Appalachia, Va., on the brief), for appellants Fidelity-Phenix Fire Ins. Co. and others.

John W. Price and Paul Dulaney, both of Washington, D. C., for appellee Benedict Coal Corporation.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

These are two appeals from a decree entered in favor of the assured on policies of use and occupancy insurance. Actions at law were instituted to recover under the policies; but, after these had been consolidated in the court below, they were transferred to equity. Although the case is essentially one at law, in view of the fact that it was heard in equity without objection from the parties and was brought here by appeal in equity, we will review...

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