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NATIONAL UNION FIRE INS. CO. v. FRISCO FROLICS M. C. CO.

No. 4922.

65 F.2d 928 (1933)

NATIONAL UNION FIRE INS. CO. v. FRISCO FROLICS MUSICAL COMEDY CO.

Circuit Court of Appeals, Seventh Circuit.

July 8, 1933.

Attorney(s) appearing for the Case

James E. Coleman, of Milwaukee, Wis., for appellant.

Benjamin J. Miller and Harry V. Meissner, both of Milwaukee, Wis., for appellee.

Before ALSCHULER and SPARKS, Circuit Judges, and WILKERSON, District Judge.

SPARKS, Circuit Judge.

We shall first consider the court's refusal to grant appellant's motion for a directed verdict. That part of the policy over which the main controversy arises is set forth in the margin, including certain words which were deleted at the time of its issuance.1

It will be observed that the policy covered the loss during the time the property was in transit by or in the custody of (1) any railroad, (2) express...

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