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B. SCHWARTZ & COMPANY v. HEPBURN

No. 13448.

302 F.2d 576 (1962)

B. SCHWARTZ & COMPANY, an Illinois corporation now known as Beness Enterprises, Inc., Plaintiff-Appellee, v. Dudley Franklin HEPBURN, on his own behalf and on behalf of the several persons bound by the policies of insurance numbered 57/M49, 57/M374, 57/M583, and 57/M322, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

As Modified on Denial of Rehearing June 5, 1962.

Attorney(s) appearing for the Case

Stephen A. Milwid, Chicago, Ill., Lord, Bissell & Brook, Chicago, Ill., of counsel, for appellants.

Robert Marks, Chicago, Ill., Marks, Marks & Kaplan, Chicago, Ill., of counsel, for appellee.

Before CASTLE and KILEY, Circuit Judges, and MERCER, District Judge.

KILEY, Circuit Judge.

This diversity suit is to recover damages under certificates of insurance covering plaintiff's loss in shipments of frozen meat imported from New Zealand to Chicago. The meat was found to be contaminated. It was reconditioned and plaintiff paid, and seeks to recover, the costs of reconditioning. Verdict and judgment were for plaintiff, and defendants have appealed.

Plaintiff, an Illinois corporation...

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