GAYTIME FROCK CO. v. LIBERTY MUT. INS. CO.

No. 8625.

148 F.2d 694 (1945)

GAYTIME FROCK CO. v. LIBERTY MUT. INS. CO.

Circuit Court of Appeals, Seventh Circuit.

April 26, 1945.


Attorney(s) appearing for the Case

Harold A. Fein and George A. Gordon, both of Chicago, Ill., for appellant.

James J. McKenna and Henry H. Koven, both of Chicago, Ill., for appellee.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.


KERNER, Circuit Judge.

Plaintiff operates retail ladies wearing apparel stores in Chicago, Philadelphia, and other cities. It sued defendant on a fidelity bond to recover for inventory shortages claimed to have been caused by the dishonesty of its employees at five of its stores. The District Court, upon a trial without a jury, at the close of plaintiff's case, concluded that the evidence was not of such quality and character from which an inference of fraud or dishonesty...

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