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TENORE v. AMERICAN AND FOREIGN INSURANCE CO. OF N. Y.

No. 12179.

256 F.2d 791 (1958)

Michael B. TENORE and Joseph Scaramuzzo, co-partners doing business as Rico Sales Company, a partnership, Plaintiffs-Appellees, v. AMERICAN AND FOREIGN INSURANCE COMPANY OF NEW YORK et al., Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 29, 1958.

Attorney(s) appearing for the Case

John P. Gorman, Chicago, Ill. (Donald N. Clausen, Herbert W. Hirsh, Chicago, Ill., on the brief), for defendants-appellants.

Anna R. Lavin, Chicago, Ill. (Kenneth S. Nathan, Melvin L. Klafter, Chicago, Ill., on the brief), for plaintiffs-appellees.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

DUFFY, Chief Judge.

Plaintiffs bring this action on eight policies of fire insurance covering contents of a mail order gunshop located on West Division Street, Chicago, Illinois. The total amount of the policies was $80,000.00. A fire occurred on October 10, 1951. The proofs of loss submitted by plaintiffs were for $78,698.34. The case was tried to the Court. A judgment was entered in favor of plaintiffs in amounts aggregating $20,000.00.

In late July, 1951...

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