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McCONNELL v. FIREMAN'S FUND INS. CO.

No. 12934.

178 F.2d 76 (1949)

McCONNELL v. FIREMAN'S FUND INS. CO. OF SAN FRANCISCO, CALIFORNIA.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 17, 1950.

Attorney(s) appearing for the Case

A. C. Wheeler, Gainesville, Ga., for appellant.

Alex W. Smith, Atlanta, Ga., R. Wilson Smith, Jr., Gainesville, Ga., for appellee.

Before HUTCHESON, HOLMES, and SIBLEY, Circuit Judges.

HOLMES, Circuit Judge.

The appellant, Mark McConnell, seeks recovery from the appellee, Fireman's Fund Insurance Company, for loss and damage resulting from the theft of a Chevrolet automobile, which was insured by an automobile dealer's open policy against various hazards, including theft. At the conclusion of the evidence for plaintiff, defendant's counsel moved for dismissal of the action, under Rule 41(b), Federal Rules...

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