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CAMDEN FIRE INSURANCE ASSOCIATION v. HARDEN

No. 21143.

334 F.2d 620 (1964)

The CAMDEN FIRE INSURANCE ASSOCIATION, Appellant, v. Jean Higginson HARDEN, Appellee.

United States Court of Appeals Fifth Circuit.

August 5, 1964.

Attorney(s) appearing for the Case

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

David Drucker, Miami, Fla., Bernard R. Fleisher, New York City, for appellee.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and BREWSTER, District Judge.

PER CURIAM.

This is an appeal from a judgment for the insured, entered pursuant to a jury verdict, upon a burglary insurance policy. Our examination of the record reveals evidence from which the jury could conclude that a burglary within the meaning of the policy definition occurred.1

It is likewise clear that whether the insured was guilty of fraud or false swearing, which under its terms made the policy void, was properly a question...

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