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NEW YORK HOME FURNITURE CO. v. AETNA CASUALTY & SUR. CO.

No. 20361.

379 F.2d 879 (1967)

NEW YORK HOME FURNITURE COMPANY, Appellant, v. AETNA CASUALTY AND SURETY COMPANY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 19, 1967.

Petition for Rehearing and for Rehearing Denied June 27, 1967.

Attorney(s) appearing for the Case

Mr. Edward L. Genn, Washington, D. C., for appellant.

Mr. Alexander M. Heron, Washington, D. C., with whom Mr. John A. Whitney, Washington, D. C., was on the brief, for appellee Aetna Casualty & Surety Co.

Mr. Harry L. Ryan, Jr., Washington, D. C., for appellee Shinn.

Before BASTIAN, Senior Circuit Judge, and BURGER and McGOWAN, Circuit Judges.

Petition for Rehearing En Banc and for Rehearing before the Division Denied June 27, 1967.

PER CURIAM:

At the close of appellant insured's direct case in an action brought by it on the policy against the insurance company, and in negligence against the agent who procured it, the District Court directed the jury to return a verdict for both defendants. We think this determination was supportable as to the appellee company, but not as to the appellee agent....

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