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PENNSYLVANIA LUMBERMEN'S MUT. F. INS. CO. v. NICHOLAS

No. 18813.

296 F.2d 905 (1961)

PENNSYLVANIA LUMBERMENS MUTUAL FIRE INSURANCE CO. et al., Appellants, v. J. K. NICHOLAS, d/b/a J. K. Nicholas & Company, Appellee.

United States Court of Appeals Fifth Circuit.

December 13, 1961.

Attorney(s) appearing for the Case

George J. Baya, Miami, Fla., for appellant.

Wm. G. Ward, Louis M. Jepeway, Ward & Ward, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.

TUTTLE, Chief Judge.

This is the second appearance of this case here. Our first opinion is to be found in 5 Cir., 253 F.2d 504. In the meantime, the case has been retried by the trial court without a jury and a judgment has again been entered in favor of the insured, Nicholas, and against appellants for substantially the same amount as awarded in the judgment previously appealed from.

The basic question before the court here...

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