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COMMONWEALTH INS. CO. OF N. Y. v. O. HENRY TENT & AWN. CO.

No. 13143.

287 F.2d 316 (1961)

COMMONWEALTH INSURANCE COMPANY OF NEW YORK, The Continental Insurance Company, Milwaukee Insurance Company of Milwaukee, Wisconsin, and United States Fire Insurance Company, Plaintiffs-Appellants, v. O. HENRY TENT & AWNING COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 27, 1961.

Further Rehearing Denied April 5, 1961.

Attorney(s) appearing for the Case

John P. Gorman, Donald N. Clausen, Herbert W. Hirsh, Jerome H. Torshen, Chicago, Ill., for plaintiffs-appellants.

Morris A. Haft, Haft, Shapiro & Davis, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, DUFFY, Circuit Judge, and GRUBB, District Judge.

GRUBB, District Judge.

This is an appeal from a judgment entered in an action for declaratory judgment brought by plaintiffs-appellants to determine the extent of their liability under policies of fire insurance containing a monthly reporting form endorsement. O. Henry Tent & Awning Company (hereinafter referred to as the "Insured") counterclaimed in the suit for the amount of its actual loss. For previous appeals in this case see Commonwealth Insurance Company...

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