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MILLER v. BARNWELL BROS.

No. 5041.

137 F.2d 257 (1943)

MILLER v. BARNWELL BROS., Inc.

Circuit Court of Appeals, Fourth Circuit.

August 2, 1943.

Attorney(s) appearing for the Case

William T. Joyner, of Raleigh, N. C. (Joyner and Yarborough, of Raleigh, N. C., and Beckman, Healy, Reid & Hough, of Chicago, Ill., on the brief), for appellant.

Thomas D. Cooper, of Burlington, N. C. (Cooper & Sanders, of Burlington, N. C., on the brief), for appellee.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.

SOPER, Circuit Judge.

Cross appeals were taken in this case from the judgment of the District Court whereby it was decreed that the receiver of the Central Mutual Insurance Company of Chicago recover the sum of $9,964.35 from Barnwell Brothers, Inc. of North Carolina, the defendant, who held policies of insurance therein. The judgment was based upon an assessment of 100 per cent of the cash premiums specified in two public liability policies of insurance issued to...

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