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BALTIMORE AMERICAN INS. CO. v. PECOS MERCANTILE CO.

No. 2262.

122 F.2d 143 (1941)

BALTIMORE AMERICAN INS. CO. OF NEW YORK v. PECOS MERCANTILE CO.

Circuit Court of Appeals, Tenth Circuit.

July 25, 1941.

Attorney(s) appearing for the Case

Thornton Hardie, of El Paso, Tex. (A. K. Montgomery, of Santa Fe, N. M., and Allen R. Grambling, of El Paso, Tex., on the brief), for appellant.

Caswell S. Neal, of Carlsbad, N. M., for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and KENNAMER, District Judge.

BRATTON, Circuit Judge.

Pecos Mercantile Company sued the Baltimore American Insurance Company to recover on a policy of fire insurance covering a stock of merchandise, and furniture and fixtures at Carlsbad, New Mexico. Plaintiff prevailed and defendant appealed.

Error is assigned upon the denial of the application of the defendant for a continuance of the case, or in the alternative for a postponement of the trial for at least two weeks. The application...

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