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FIDELITY & DEPOSIT CO. v. KROUT

No. 59, Docket 20319.

157 F.2d 912 (1946)

FIDELITY & DEPOSIT CO. OF MARYLAND v. KROUT et al.

Circuit Court of Appeals, Second Circuit.

Decided November 8, 1946.

Attorney(s) appearing for the Case

Maurice & McNamee, of New York City (Stewart Maurice and Charles R. McNamee, both of New York City, of counsel), for Fidelity & Deposit Co. of Maryland.

Rubinton & Coleman, of Brooklyn (Leonard Acker, of Brooklyn, of counsel), for Irving Krout.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The appeal is by defendant Krout from a judgment for the plaintiff, and a dismissal of the cause of action on the merits as to defendant Leiter, entered in the District Court for the Eastern District of New York. The judgment followed the re-trial of the action by court without a jury after our reversal of a former judgment against Krout and in favor of Leiter and the remand of the cause. See, Fidelity & Deposit Co. of Maryland v. Krout,...

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