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FITZGIBBONS BOILER CO. v. EMPLOYERS' L. ASSUR. CORP.

No. 207.

105 F.2d 893 (1939)

FITZGIBBONS BOILER CO., Inc., v. EMPLOYERS' LIABILITY ASSUR. CORPORATION, Limited.

Circuit Court of Appeals, Second Circuit.

June 30, 1939.

Attorney(s) appearing for the Case

Wright, Gordon, Zachry & Parlin, of New York City (Paul W. Williams and Edward K. Hidalgo, both of New York City, of counsel), for appellant.

Hannon & Evans, of New York City (Jerome T. Nolan, of New York City, of counsel), for appellee.

Before SWAN and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The complaint sets forth two causes of action to recover the sum of $5,000 upon a policy of insurance issued by the defendant to the plaintiff known as a "Depositors' and/or Commercial Forgery Policy, Revised."

By the policy the defendant agreed during its term to indemnify the plaintiff against any losses to an amount not exceeding $5,000 sustained by the latter through its payment of "any check * * * or any other written...

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