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UNITED STATES FIDELITY & GUAR. CO. v. R. H. MACY & CO.

No. 271.

156 F.2d 204 (1946)

UNITED STATES FIDELITY & GUARANTY CO. v. R. H. MACY & Co., INC.

Circuit Court of Appeals, Second Circuit.

June 24, 1946.

Attorney(s) appearing for the Case

John J. O'Connor, of New York City (William B. Shelton, of New York City, of counsel), for appellant.

Andrews, Baird & Shumate, of New York City (William L. Shumate, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

Mrs. Anna Kuenzli, an employee of Foley Manufacturing Company, hereafter called Foley, was injured by the fall of an elevator in the store of the defendant, R. H. Macy & Co., Inc., hereafter called Macy's. Foley was insured under a policy issued by the plaintiff pursuant to the Workmen's Compensation Law of the State of New York. Following the accident the insurance carrier paid the compensation awarded to the injured employee and, as the...

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