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FIDELITY & CASUALTY CO. OF NEW YORK v. FORNARO CO.

No. 9052.

130 F.2d 877 (1942)

FIDELITY & CASUALTY CO. OF NEW YORK v. FORNARO CO. et al.

Circuit Court of Appeals, Sixth Circuit.

October 9, 1942.

Attorney(s) appearing for the Case

H. Melvin Roberts, of Cleveland, Ohio (Howell, Roberts & Duncan, of Cleveland, Ohio, on the brief), for appellant.

C. M. Horn and H. Frank Van Lill, both of Cleveland, Ohio, for appellees.

Before HICKS, HAMILTON, and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

This is the second appearance of this case here. Upon the former appeal the court reversed judgments which sustained demurrers to the petitions and remanded the causes for trial. See Fidelity & Cas. Co. of New York v. Fornaro Co., 6 Cir., 99 F.2d 681. The trial resulted in verdicts and judgment for appellees. This appeal is based solely upon an alleged erroneous instruction.

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