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ESSEX HOUSE v. ST. PAUL FIRE & MARINE INSURANCE CO.

No. 6488.

404 F.Supp. 976 (1971)

The ESSEX HOUSE and Louis Lerner, Plaintiffs, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

United States District Court, S. D. Ohio, W. D.

June 8, 1971.

Attorney(s) appearing for the Case

Douglas G. Cole, Goldman, Cole & Putnick, Cincinnati, Ohio, for plaintiffs.

James L. O'Connell, Lindhorst & Dreidame, Cincinnati, Ohio, for defendant.

MEMORANDUM OF DECISION AND ORDER

DAVID S. PORTER, District Judge.

This case was assigned for hearing March 23, 1970. At that time there was a separation of issues and agreement that the issue created by the policy defense asserted by the defendant and plaintiffs' claim of waiver and estoppel should be tried first.

This was submitted on the stipulation entered into by counsel on behalf of their respective clients (Item No. 16 in the Court File, filed...

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