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FIDELITY-PHENIX FIRE INS. CO. v. PILOT FREIGHT CARRIERS

No. 6338.

193 F.2d 812 (1952)

FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK v. PILOT FREIGHT CARRIERS, Inc.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1952.

Attorney(s) appearing for the Case

C. R. Wharton and Richard L. Wharton, Greensboro, N. C. (Gregory S. Rivkins, New York City, Wharton, Poteat & Wharton, Greensboro, N. C., and Hill, Rivkins & Middleton, New York City, on the brief), for appellant.

B. S. Womble, Winston-Salem, N. C., and C. T. Boyd, Greensboro, N. C. (W. M. York, Greensboro, N. C., C. W. Womble, Winston-Salem, N. C., York & Boyd, Greensboro, N. C., and Womble, Carlyle, Martin & Sandridge, Winston-Salem, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from a judgment in the amount of $49,750 in favor of Pilot Freight Carriers, Inc., the Plaintiff in the District Court, in a suit against Fidelity-Phenix Fire Insurance Company of New York. The claim was based on damages caused by the theft of 630 cases of cigarettes belonging to R. J. Reynolds Tobacco Company and transmitted by the plaintiff, as a common carrier. The suit is on a cargo insurance policy which covered the...

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