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CONTINENTAL INS. CO. v. FIRE ASS'N

No. 10016.

152 F.2d 239 (1945)

CONTINENTAL INS. CO. OF CITY OF NEW YORK v. FIRE ASS'N OF PHILADELPHIA.

Circuit Court of Appeals, Sixth Circuit.

November 26, 1945.

Attorney(s) appearing for the Case

Paul H. Heineke, of Chicago, Ill. (Thompson, Hine, & Flory and Thomas E. Lipscomb, all of Cleveland, Ohio, and Paul H. Heineke, of Chicago, Ill., on the brief), for appellant.

James V. Suhr, of Cleveland, Ohio (Kitchen & Messner, F. A. Messner, and James V. Suhr, all of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS and ALLEN, Circuit Judges, and RAYMOND, District Judge.

RAYMOND, District Judge.

This is an appeal from an order of the United States District Court for the Northern District of Ohio granting defendant's motion to dismiss the complaint upon the grounds that it fails to state a claim against the defendant upon which the relief prayed could be granted.

The complaint, which, for the purposes of the motion, must be accepted as true, alleges in substance that prior to December 23, 1941, the Rotor Tool Company (hereinafter...

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