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GENERAL ACC. FIRE & LIFE ASSUR. CORP. v. SCHERO

No. 11332.

151 F.2d 825 (1945)

GENERAL ACCIDENT FIRE & LIFE ASSUR. CORPORATION, Limited, v. SCHERO et al.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1945.

Attorney(s) appearing for the Case

G. L. Reeves and Calvin Johnson, both of Tampa, Fla., for appellant.

R. W. Shackleford and Morrice S. Uman, both of Tampa, Fla., for appellees.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, plaintiff below, is the insurer in a burglary policy. Appellees, defendants below, are the assureds. Alleging that the defendants were claiming that a theft loss had occurred between 5 P. M., February 7th, and 8 A. M., February 9th, 1942, and that plaintiff was liable under the policy for it, whereas, plaintiff had given the notice of cancellation1 provided for in Par. "H"

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