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FIDELITY & DEPOSIT CO. OF MARYLAND v. FRIEDLANDER

Nos. 7635, 7636.

101 F.2d 106 (1939)

FIDELITY & DEPOSIT CO. OF MARYLAND v. FRIEDLANDER. PHŒNIX INDEMNITY CO. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

January 13, 1939.

Attorney(s) appearing for the Case

Grover N. McCormick and T. A. Evans, both of Memphis, Tenn. (Grover N. Mc- Cormick and Evans, Evans & Creson, all of Memphis, Tenn., on the brief), for appellants.

W. B. Rosenfield, of Memphis, Tenn., for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

S. Friedlander, under the trade name of Friedlander Finance Company, operated a small jewelry store at 77½ South Main Street in Memphis. A robbery occurred in the store on the morning of October 5, 1935, and appellee brought separate suits against appellants, Fidelity and Deposit Company of Maryland and Phoenix Indemnity Company, to recover losses under their policies of insurance.

The cases were tried together and the court granted...

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