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RED TOP BREWING CO. v. MAZZOTTI

No. 144, Docket 22544.

202 F.2d 481 (1953)

RED TOP BREWING CO. v. MAZZOTTI et al.

United States Court of Appeals Second Circuit.

Decided February 9, 1953.

Writ of Certiorari Denied May 18, 1953.

Attorney(s) appearing for the Case

Harry Malter and Gallop, Climenko & Gould, New York City (Harry Malter and Milton S. Gould, New York City, of counsel; Harry W. Starr, New York City, on the brief), for appellant.

Mendes & Mount, New York City (Walter B. Hall, New York City, of counsel), for appellees.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.

Writ of Certiorari Denied May 18, 1953. See 73 S.Ct. 941.

FRANK, Circuit Judge.

The facts are sufficiently stated in Judge Bondy's opinion, reported in 107 F.Supp. 921.

The meal was shipped from Brazil to the United States. The policies insured against loss due to condemnation of the meal by the U. S. Pure Food and Drug Administration. As the meal was so condemned, that loss occurred. But the underwriters defend...

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