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OHIO FARMERS' INS. CO. v. PENNSYLVANIA CO.

No. 5409.

72 F.2d 369 (1934)

OHIO FARMERS' INS. CO. v. PENNSYLVANIA CO. FOR INSURANCES ON LIVES AND GRANTING ANNUITIES.

Circuit Court of Appeals, Third Circuit.

July 11, 1934.

Attorney(s) appearing for the Case

Horace M. Schell, of Philadelphia, Pa., for appellant.

Thomas P. Mikell, of Philadelphia, Pa., (Saul, Ewing, Remick & Saul, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

The situation of the parties to this suit and the question involved are stated in the opinion of the court below as follows:

"The suit is by the first mortgagee of insured property against the insuring company, and the case turns upon the construction of the mortgagee clause attached to the policy. The facts, admitted by the pleadings, are as follows:

"On September 9, 1931, buildings owned by one Esther Charlestein and having...

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