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LEITHAUSER v. HARTFORD FIRE INS. CO.

No. 8640.

124 F.2d 117 (1941)

LEITHAUSER v. HARTFORD FIRE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

As Amended on Denial of Rehearing January 12, 1942.

Attorney(s) appearing for the Case

C. W. Palmer, of Defiance, Ohio, and Eugene Rheinfrank, of Toledo, Ohio, for appellant.

Ross W. Shumaker, of Toledo, Ohio, and C. G. Myers, of Chicago, Ill. (Fraser, Effler, Shumaker & Winn, of Toledo, Ohio, and Myers & Snerly, of Chicago, Ill., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

Suit in equity for reformation of, and recovery upon, a fire insurance policy upon which this court denied recovery in an action at law. Leithauser v. Hartford Fire Ins. Co., 6 Cir., 78 F.2d 320. The suit commenced by the insured and revived in the name of his administrator, was dismissed on the hearing.

The fire occurred on July 20, 1930, and the action at law was begun on March 4, 1931. Our decision...

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