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FELLMAN v. FIREMAN'S FUND INS. CO.

No. 1160 Docket 83-7925.

735 F.2d 55 (1984)

Kathleen FELLMAN, Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 25, 1984.

Attorney(s) appearing for the Case

Bartholomew J. Rebore, Lindenhurst, N.Y. (Rebore & Thorpe, P.C., Lindenhurst, N.Y., of counsel), for plaintiff-appellant.

Kenneth D. Goldberg, New York City (Gates, Singer, Deitsch, Goldberg & Fass, David H. Deitsch, New York City, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, and MANSFIELD and KEARSE, Circuit Judges.

FEINBERG, Chief Judge:

Kathleen Fellman appeals from a judgment of the United States District Court for the Eastern District of New York, David F. Jordan, Magistrate, dismissing her complaint seeking recovery, on an insurance policy written by appellee, for the destruction of her house in a fire. The principal issue before us is whether appellant should be barred from recovery as a result of her husband's wrongdoing. For the reasons stated below, we reverse the judgment...

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