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GROSS v. FIDELITY & DEPOSIT CO.

No. 323.

72 F.2d 223 (1934)

GROSS et al. v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Second Circuit.

July 9, 1934.

Attorney(s) appearing for the Case

Prince & Loeb, of New York City (Sidney J. Loeb, of New York City, of counsel; Leon M. Prince and Harry D. Thirkield, both of New York City, on the brief), for appellants.

Thomas E. White, of New York City, for respondent.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

On March 22, 1930, armed robbers entered the jewelry store of Harry L. Gross & Bro., at Jamaica, N. Y., held up Harry L. Gross, who is one of the plaintiffs in this suit, and an employee who was there with him, and stole certain jewelry including some which the plaintiffs claim was covered by a policy of insurance issued by the defendant.

That part of the jewelry with which this suit is concerned was then stolen from a safe on the...

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