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McSWEENEY v. UTICA FIRE INSURANCE COMPANY

No. 7012.

224 F.2d 327 (1955)

Delena W. McSWEENEY, Appellant, v. UTICA FIRE INSURANCE COMPANY OF ONEIDA COUNTY, N. Y., and the Implement Dealers Mutual Insurance Company, Jointly and Severally, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 9, 1955.

Attorney(s) appearing for the Case

Clement L. McEachern, Greenville, S. C. (Sidney McDaniels, Jr., Easley, S. C., on brief), for appellant.

W. Francis Marion, Greenville, S. C. (Robert S. Galloway, Jr., and Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., on brief), for appellees.

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

SOPER, Circuit Judge.

This suit was brought by the owner of a dwelling house in Greenville, South Carolina, which had been damaged by fire, against two insurance companies to recover the face amount of certain policies of fire insurance, covering the property, which the companies had issued. They defended on the ground "that the fire was brought about by the illegal acts of the plaintiff herself, acting through her agent or representative, to wit, arson." The case...

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