PEEBLES v. PRUDENTIAL INS. CO. OF AMERICA

No. 8134.

110 F.2d 76 (1940)

PEEBLES v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Sixth Circuit.

March 7, 1940.


Attorney(s) appearing for the Case

Joseph S. Graydon, of Cincinnati, Ohio (Joseph L. Lackner, and Maxwell & Ramsey, all of Cincinnati, Ohio, on the brief), for appellant.

Michael G. Heintz and H. G. Hightower, both of Cincinnati, Ohio (Heintz & Heintz, and Hightower & O'Brien, all of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

This action was originally instituted in equity by appellant, Emmett C. Peebles, for an accounting under an agency contract between him and the appellee, The Prudential Insurance Company of America. During the course of the proceedings certain information furnished by appellee dispensed with the accounting issue, and the case was submitted to the late Judge Hough, who heard the evidence, but died before rendering a decision. The parties agreed...

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