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PENN v. AUTOMOBILE INS. CO.

No. 9737.

27 F.Supp. 336 (1939)

PENN v. AUTOMOBILE INS. CO. et al.

District Court, D. Oregon.

February 16, 1939.

Attorney(s) appearing for the Case

James C. Dezendorf (of Dey, Hampson & Nelson) of Portland, Or., for plaintiff.

John A. Collier and Earl F. Bernard (of Collier, Collier & Bernard), of Portland, Or., for defendants.

McCOLLOCH, District Judge.

An interesting question involving the exercise of discretion under the new Rules has arisen in this case, which is an action to recover for a loss on certain fire insurance policies. The answer sets forth that plaintiff knowingly, wilfully and intentionally caused the insured property to be burned, and plaintiff has now asked the court for an order (under Rule 33, 28 U. S.C.A. following section 723c) directing the defendants to give the...

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