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AZAR v. EUREKA-SECURITY FIRE & MARINE INS. CO.

No. 1173.

4 F.Supp. 574 (1933)

AZAR v. EUREKA-SECURITY FIRE & MARINE INS. CO. et al.

District Court, S. D. Texas, Galveston Division.

September 12, 1933.

Attorney(s) appearing for the Case

Armstrong, Cranford, Barker & Bedford, of Galveston, Tex., for plaintiff.

Gill, Jones & Tyler, of Houston, Tex., for Va. Fire & Marine Ins. Co.

Bryan & Bryan, of Houston, Tex., for Eureka-Security Fire & Marine Ins. Co.

King, Wood & Morrow, of Houston, Tex., for St. Paul Fire & Marine Ins. Co.

HUTCHESON, Circuit Judge.

Plaintiff, having sustained a fire loss, sued at law the Eureka-Security Fire & Marine Insurance Company and other insurance companies upon their covering policies. A binding award of appraisers was presented in defense. Plaintiff thereupon filed an equitable plea to set aside and vacate the award. A jury having been waived, the issues, legal as well as equitable, were set for trial before the judge. These issues were: (1) Whether there...

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