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

No. 13813.

198 F.2d 401 (1952)

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

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 4, 1952.


Attorney(s) appearing for the Case

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

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

Before HOLMES, BORAH, and RIVES, Circuit Judges.


RIVES, Circuit Judge.

The main thrust of this appeal is an attack upon the decision of this court on former appeal, 178 F.2d 76, in the construction and application of the exclusion clause of the policy against loss in case the insured "voluntarily parts with title to or possession of any automobile at risk hereunder, whether or not induced so to do by any fraudulent scheme, trick, device or false pretense or otherwise." The appellant...

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