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MARYLAND CASUALTY CO. v. NICETOWN DYE WORKS

No. 6538.

94 F.2d 549 (1938)

MARYLAND CASUALTY CO. v. NICETOWN DYE WORKS.

Circuit Court of Appeals, Third Circuit.

January 10, 1938.

Attorney(s) appearing for the Case

Richard A. Smith, Thomas J. Cleary and Louis Wagner, all of Philadelphia, Pa., for appellant.

John T. Murphy, Jr., and Walter B. Gibbons, both of Philadelphia, Pa., for appellee.

Before BUFFINGTON and BIGGS, Circuit Judges, and WATSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below the Nicetown Dye Works recovered against the Maryland Casualty Company for loss of bales of wool on a policy which insured "for all loss by burglary of merchandise, furniture, fixtures and equipment, from within the Assured's premises as hereinafter defined, occasioned by any person or persons who shall have made felonious entry into the premises by actual force and violence, when the premises are not open for business...

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