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SMITH v. FIREMEN'S INS. CO.

No. 6740.

104 F.2d 546 (1939)

SMITH et al. v. FIREMEN'S INS. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 30, 1939.

Attorney(s) appearing for the Case

Donald N. Clausen, Herbert W. Hirsh, and Norman A. Miller, all of Chicago, Ill., for appellants.

Harold M. Wilkie, of Madison, Wis., for appellees.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

TREANOR, Circuit Judge.

Defendants appeal from judgments entered against them in a suit prosecuted by plaintiffs upon separate policies of fire insurance issued by defendants. The defense relied upon in the trial was surrender and cancellation of the policies by mutual agreement prior to the time that loss was sustained. The District Court denied defendants' motion for a directed verdict and also their motion for judgment notwithstanding the verdict of the jury. Defendants...

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