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FIDELITY & CASUALTY CO. OF NEW YORK v. TURBY

No. 5780.

81 F.2d 229 (1935)

FIDELITY & CASUALTY CO. OF NEW YORK v. TURBY.

Circuit Court of Appeals, Third Circuit.

December 23, 1935.

Attorney(s) appearing for the Case

Wm. S. Bailey, of Harrisburg, Pa., for appellant.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from an order of the District Court for the Middle District of Pennsylvania. The case is presented on the pleadings, consisting of a statement of claim, affidavit of defense, and rule for judgment for want of a sufficient affidavit of defense. The District Court discharged the rule for judgment and directed that the case proceed to trial. This is an appeal from the court's refusal to enter judgment for want of a sufficient...

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