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ORDINARY, ETC. v. UNITED STATES FIDELITY & GUAR. CO.

No. 8687.

149 F.2d 796 (1945)

ORDINARY OF STATE OF NEW JERSEY v. UNITED STATES FIDELITY & GUARANTY CO. OF BALTIMORE, MD.

Circuit Court of Appeals, Third Circuit.

Decided April 26, 1945.

As Amended June 13, 1945.

Attorney(s) appearing for the Case

W. Horace Hepburn, of Philadelphia, Pa. (James Mercer Davis, of Camden, N. J., on the brief), for appellant.

Walter R. Carroll, of Camden, N. J., and Arthur C. Holmes, of Baltimore, Md. (Carroll & Taylor, of Camden, N. J., on the brief), for appellee.

Before BIGGS, McALLISTER, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is the second time this case has been before us. Originally it had been tried by a district judge, sitting without a jury, who found in favor of the defendant. We reversed the judgment because there were no findings of fact by the court below. We remanded the cause so that the District Court might make such findings of fact and conclusions of law, 3 Cir., 136 F.2d 536. The judge who had tried the case...

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