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BRAND DISTRIB v. INS. CO. OF NORTH AMERICA

No. 74-2344.

532 F.2d 352 (1976)

BRAND DISTRIBUTORS, INC., Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1976.

Attorney(s) appearing for the Case

Robert C. Nusbaum, Norfolk, Va. (James M. Gallagher, Howard E. Gordon, Hofheimer, Nusbaum & McPhaul, Norfolk, Va., on brief), for plaintiff-appellant.

Edward A. Marks, Jr., Richmond, Va. (Arch Wallace, III, Sands, Anderson and Marks, Richmond, Va., on brief), for defendant-appellee.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

This diversity case is upon Jeweler's Block Policy No. JB 29381, issued by defendant-insurance company to plaintiff-assured, and is on account of a loss by robbery. The sole question is the construction of the policy.

Suit was originally brought in the Circuit Court of the City of Norfolk and was moved to the district court because of diversity of citizenship of the defendant. Trial was before the court and a jury; however,

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