HERZBERG'S INC. v. OCEAN ACCIDENT & GUARANTEE CORPORATION

No. 12302.

132 F.2d 438 (1943)

HERZBERG'S, Inc., v. OCEAN ACCIDENT & GUARANTEE CORPORATION, Ltd.

Circuit Court of Appeals, Eighth Circuit.

January 7, 1943.


Attorney(s) appearing for the Case

Sam Beber, of Omaha, Neb. (Robert J. Webb, Philip M. Klutznick, Harold M. Kelley, Harold R. Lebens, and Charles F. Bongardt, all of Omaha, Neb., on the brief), for appellant.

George L. DeLacy, of Omaha, Neb. (J. A. C. Kennedy, Yale C. Holland, and R. E. Svoboda, all of Omaha, Neb., on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a judgment dismissing the amended complaint of the appellant, which sought a reformation of a public liability policy issued by the appellee to the appellant in 1924, and a recovery upon the policy as reformed. The parties will be referred to as plaintiff and defendant. The plaintiff (appellant) asserts that, under the evidence and the law, it was entitled to prevail.

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