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FRENCH AMERICAN BANKING CORP. v. FIREMAN'S F. INS. CO.

43 F.Supp. 494 (1941)

FRENCH AMERICAN BANKING CORPORATION v. FIREMAN'S FUND INS. CO.

District Court, S. D. New York.

December 5, 1941.

Attorney(s) appearing for the Case

McCanliss & Early, of New York City (Lee McCanliss and Edith Stenberg, both of New York City, of counsel), for plaintiff.

Duncan & Mount, of New York City (Russell T. Mount, of New York City, of counsel), for defendant.

LEIBELL, District Judge.

Plaintiff moves under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order granting summary judgment in its favor. The defendant makes a cross motion for similar relief. I am of the opinion that defendant is entitled to summary judgment dismissing the complaint on the merits.

This is an action to recover for the loss of goods which allegedly were insured by the defendant or which the defendant...

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