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PHOENIX ASSURANCE COMPANY OF NEW YORK v. SINGER

No. 17508.

331 F.2d 10 (1964)

PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant, v. Frank A. SINGER, and Margaret P. Singer, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 18, 1964.

Attorney(s) appearing for the Case

J. H. Cunningham, Jr., of Willson, Cunningham & McClellan, St. Louis, Mo., made argument and filed brief.

William J. Becker, Clayton, Mo., made argument for appellee and filed brief with Joseph J. Becker, Clayton, Mo.

Before VAN OOSTERHOUT, RIDGE and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Plaintiff Phoenix Assurance Company of New York (Phoenix) brought this declaratory judgment action to establish the invalidity of an arbitration award of $38,500 made upon a fire loss at the home of defendants Frank A. Singer and Margaret P. Singer and to fix the amount of plaintiff's liability on its policy for such fire loss. Defendants filed answer denying that the award was invalid and counterclaimed for judgment for the amount of...

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