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SMYTH, SANFORD & GERARD v. MISSOURI-KANSAS-TEX. R. CO.

No. 449.

72 F.2d 216 (1934)

SMYTH, SANFORD & GERARD, Inc., v. MISSOURI-KANSAS-TEX. R. CO. et al.

Circuit Court of Appeals, Second Circuit.

July 31, 1934.

Attorney(s) appearing for the Case

Hines, Rearick, Dorr & Hammond, of New York City (A. C. Rearick and Archie O. Dawson, both of New York City, of counsel), for appellants.

Van Sinderen Lindsley, of New York City, for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action is by the plaintiff, an insurance broker for the defendants, to recover damages against them because of their failure to accept an insurance policy, which they had ordered from the plaintiff, whereby the latter lost commissions which it would have been paid by the insurance company had the policy been accepted. The policy insured the defendants' tank cars and their contents and covered a risk of $600,000 of a specialized...

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