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BARTHELMAS v. FIDELITY-PHENIX FIRE INS. CO.

No. 266.

103 F.2d 329 (1939)

BARTHELMAS v. FIDELITY-PHENIX FIRE INS. CO.

Circuit Court of Appeals, Second Circuit.

April 10, 1939.

Attorney(s) appearing for the Case

Fenton, Wing & Morse, of Rutland, Vt., and Collins M. Graves, of Bennington, Vt., for appellant.

Joseph A. McNamara, of New York City, and Reuben Levin, of Manchester Depot, Vt., for appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.

CHASE, Circuit Judge.

The defendant issued to the plaintiff a policy of insurance against loss by fire which covered certain personal property of the plaintiff in Bennington, Vermont, and was in force when that property was destroyed by fire on August 30, 1933. The loss as claimed not having been paid, the plaintiff brought suit on the policy against the defendant in the County Court for the County of Bennington, Vermont. The writ in that suit was dated August 29...

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