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PETERSON v. ALLCITY INSURANCE COMPANY

No. 29, Docket 71-1402.

472 F.2d 71 (1972)

Juanita PETERSON, Individually and as Assignee of Nathaniel Washington, Plaintiff-Appellee, v. ALLCITY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 29, 1972.

Attorney(s) appearing for the Case

Philip Hoffer, New York City (Rose L. Hoffer, New York City, and Peter T. Affatato, Hicksville, N. Y., on the brief), for defendant-appellant.

Aaron J. Broder, New York City (Seymour Madow, New York City, on the brief, and Manuel Katz and Herbert W. Katz, New York City), for plaintiff-appellee.

Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York entered on March 19, 1971 awarding $70,000 to the plaintiff-appellee, after a trial before Hon. Orrin G. Judd and a jury. Judgment affirmed.

The judgment appealed from involves an action brought by the assignee of an insured against a liability carrier, Allcity Insurance Company, the appellant, based upon its "bad faith" in failing...

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