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RED CAB CO. v. ST. PAUL MERCURY INDEMNITY CO.

No. 6033.

98 F.2d 189 (1938)

RED CAB CO. v. ST. PAUL MERCURY INDEMNITY CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 13, 1938.

Attorney(s) appearing for the Case

Burke G. Slaymaker, of Indianapolis, Ind., for appellant St. Paul Mercury Indemnity Co.

John K. Ruckelshaus, of Indianapolis, Ind., for appellee Red Cab Co.

Before EVANS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.

EVANS, Circuit Judge.

The opinion of this court in this case (7 Cir., 90 F.2d 229) and the opinion of the Supreme Court (St. Paul Mercury Ind. Co. v. Red Cab Co., 58 S.Ct. 586, 82 L.Ed. ___, decided February 28, 1938) are referred to for elaboration of the following statement of facts.

The plaintiff instituted this action to recover upon a contract of workmen's compensation insurance evidenced by a binder effective for thirty...

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