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BROCHSTEIN v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 849, Docket 71-1071.

448 F.2d 987 (1971)

Nathan BROCHSTEIN and Manuel Brochstein, doing business as Church Avenue Poultry, Plaintiffs-Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 21, 1971.

Attorney(s) appearing for the Case

Jacob W. Friedman, New York City (Sheldon & Tarnoff, Howard Sheldon, Jacob Aschkenasy, New York City, on the brief), for plaintiffs-appellants.

Charles G. Pillon, New York City (Whalen, O'Neill & Pillon, New York City, on the brief), for defendant-appellee.

Before MOORE, FEINBERG and MANSFIELD, Circuit Judges.

FEINBERG, Circuit Judge:

In the prior appeal in this case, Brockstein v. Nationwide Mutual Insurance Co., 417 F.2d 703 (2d Cir. 1969), with which familiarity will be assumed, we remanded to the district court to determine again whether the Brochsteins, plaintiffs-insureds, were entitled to recover damages from their insurer because of its failure to settle an action brought against plaintiffs by the administratrix of John F. Kiely...

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