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WEINBERGER BANANA CO. v. PHŒNIX ASSUR. CO.

No. 7484.

74 F.2d 539 (1935)

WEINBERGER BANANA CO., Inc., v. PHŒNIX ASSUR. CO, LIMITED, OF LONDON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 1, 1935.

Attorney(s) appearing for the Case

W. B. Spencer and Chas. T. Madison, both of New Orleans, La., for appellant.

Eberhard P. Deutsch, of New Orleans, La., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the appellant on a policy of insurance issued by the appellee for the alleged value of 6,957 bunches of bananas the loss of which was alleged to have been occasioned directly and proximately by perils insured against by said policy, to wit, "hurricanes and/or floods, and/or accidents to the conveyance." The allegations of appellant's petition as to the loss of the bananas having been due to perils insured against were put...

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