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FIDELITY AND CASUALTY CO. OF NEW YORK v. COMMANDER

No. 7128.

231 F.2d 347 (1956)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. Emmadean N. COMMANDER, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 9, 1956.

Attorney(s) appearing for the Case

Horace G. Bass and R. Paul Sanford, Danville, Va. (Sanford & Clement, Danville, Va., on brief), for appellant.

Edwin B. Meade, Danville, Va. (Meade, Talbott & Tate, Danville, Va., and J. L. Williams, Danville, Va., on brief), for appellee.

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

DOBIE, Circuit Judge.

Emmadean Commander (hereinafter called the Beneficiary) filed a civil action against The Fidelity and Casualty Company of New York (hereinafter called the Insurer) in the United States District Court for the Western District of Virginia. The District Court entered summary judgment for $25,000 in favor of the Beneficiary and against the Insurer. The Insurer has duly appealed to us.

On Wednesday, July 8, 1953, Dr. J. C. Commander of Martinsville...

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