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LEADER CLOTHING CO. v. FIDELITY & CASUALTY CO. OF N. Y.

Nos. 5180, 5181.

227 F.2d 574 (1955)

LEADER CLOTHING COMPANY, Inc., Appellant and Cross-Appellee, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellee and Cross-Appellant.

United States Court of Appeals Tenth Circuit.

November 10, 1955.

Attorney(s) appearing for the Case

Thomas E. Joyce, Kansas City, Kan. (Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins and Norma Braly, Kansas City, Kan., on the brief), for appellant and cross-appellee.

Willard L. Phillips, Kansas City, Kan., Tom J. Stubbs, Kansas City, Mo. (McAnany, Van Cleave & Phillips, Kansas City, Kan., and Stubbs, McKenzie, Williams & Merrick, Kansas City, Mo., on the brief), for appellee and cross-appellant.

Before PHILLIPS, Chief Judge, HUXMAN, Circuit Judge, and SAVAGE, District Judge.

SAVAGE, District Judge.

The Leader Clothing Company, Inc., appellant and cross-appellee, moved to dismiss the cross-appeal of the Fidelity & Casualty Company of New York, appellee and cross-appellant, upon the ground that the casualty company has acquiesced in the judgment appealed from by payment. For reasons hereinafter stated, the motion must be overruled.

The clothing company brought suit in the United States District Court for the District of Kansas...

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