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PILOT FREIGHT CARRIERS v. FIDELITY-PHENIX FIRE INS. CO.

Civ. A. No. 351.

98 F.Supp. 329 (1951)

PILOT FREIGHT CARRIERS, Inc. v. FIDELITY-PHENIX FIRE INS. CO.

United States District Court M. D. North Carolina, Winston-Salem Division.

June 28, 1951.

Attorney(s) appearing for the Case

York & Boyd, Greensboro, N. C., Womble, Carlyle, Martin & Sandridge, Winston-Salem, N. C., for plaintiff.

Wharton, Poteat & Wharton, Greensboro, N. C., for defendant.

HAYES, District Judge.

The plaintiff is a common carrier of freight by motor truck in inter-state commerce and carried with defendant insurance against loss by theft of its cargo. It is conceded that a trailer load of cigarettes valued in excess of $50,000 was stolen from plaintiff near Reynolds Tobacco Company's Lackawanna Warehouse in Jersey City. Defendant denies liability on account of an alleged breach of a condition of the policy by the plaintiff.

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