KIEL v. TRANSCONTINENTAL INS. CO. OF NEW YORK

No. 10082.

184 F.2d 584 (1950)

KIEL v. TRANSCONTINENTAL INS. CO. OF NEW YORK.

United States Court of Appeals Seventh Circuit.

October 12, 1950.


Attorney(s) appearing for the Case

James P. Murphy, Ira D. Snouffer, Fort Wayne, Ind., for appellant.

Richard V. Henry, Jr., and Tom Leeming, Chicago, Ill., Richard F. Baird, Jr., and Robert Y. Keegan, Fort Wayne, Ind., for appellee.

Before KERNER, FINNEGAN, and LINDLEY, Circuit Judges.


KERNER, Circuit Judge.

Plaintiffs sued to recover money paid to satisfy a judgment because of a personal injury sustained by one Langston. The case was tried by the court without a jury. The trial judge found for defendant and rendered the judgment from which this appeal is taken.

The complaint alleged that defendant pursuant to an option in its policy to repair an insured damage employed a contractor to make the repair, and thereby it assumed the exclusive...

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