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PRUITT v. CALEDONIAN INSURANCE CO.

No. 9362.

112 F.2d 574 (1940)

Mrs. J. C. PRUITT et al., Surviving Partners of Pruitt-Barrett Hardware Co., Appellants, v. CALEDONIAN INSURANCE CO., Appellee.

Circuit Court of Appeals, Fifth Circuit.

May 29, 1940.

Attorney(s) appearing for the Case

B. D. Murphy, of Atlanta, Ga., and Joseph H. Blackshear, A. C. Wheeler, and Boyd Sloan, all of Gainesville, Ga., for appellants.

Dan MacDougald and Harllee Branch, Jr., both of Atlanta, Ga., and Wm. P. Whelchel and G. Fred Kelley, both of Gainesville, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The fire policy involved in this case covered the same stock of merchandise as that involved in Pruitt v. Hardware Dealers Mutual Fire Ins. Co., 5 Cir., 112 F.2d 140, this day decided. The cases are substantially alike, except that in this case the judge at the conclusion of the evidence directed a verdict for the defendant. For the reasons stated in the opinion in the above cited case the judgment is reversed...

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