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COFFEY v. POLIMENI

No. 12659.

188 F.2d 539 (1951)

COFFEY v. POLIMENI.

United States Court of Appeals Ninth Circuit.

April 25, 1951.

Attorney(s) appearing for the Case

Davis & Renfrew, Anchorage, Alaska, Bronson, Bronson & McKinnon, San Francisco, Cal., for appellant.

McCutcheon & Nesbett, and Buell A. Nesbett, all of Anchorage, Alaska, for appellee.

Before HEALY and ORR, Circuit Judges, and LEMMON, District Judge.

HEALY, Circuit Judge.

Appellee Polimeni had judgment in damages against appellant Coffey for the latter's negligence in acting upon an application for fire insurance. Polimeni's complaint was in two counts or causes of action, one sounding in tort for negligence, the other being for breach of an alleged promise to obtain insurance. The court ordered a dismissal of the latter cause at the close of plaintiff's proof but allowed...

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