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GREAT AMERICAN INS. CO. v. MERCHANTS & MFRS. MUT. INS. CO.

No. 19815.

423 F.2d 1143 (1970)

GREAT AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. MERCHANTS & MANUFACTURERS MUTUAL INSURANCE COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

April 9, 1970.

Attorney(s) appearing for the Case

John E. Martindale, Cleveland, Ohio, for defendants-appellants; Arter & Hadden, Cleveland, Ohio, on the brief.

Rees Davis, Cleveland, Ohio, for plaintiff-appellee; Davis & Young, Cleveland, Ohio, on the brief.

Before CELEBREZZE and BROOKS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

CELEBREZZE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Northern District of Ohio, Eastern Division, awarding damages to Great American Insurance Company [hereinafter "Great American"], as assignee under a contract of insurance, against Merchants & Manufacturers Mutual Insurance Company [hereinafter "Merchants"], the insurer. The case was tried without a jury and on stipulated evidence. Jurisdiction was invoked...

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