Opinion
No. 7660.
January 10, 1939.
Appeal from the District Court of the United States for the Northern District of Ohio; Paul Jones, Judge.
Bulkley, Hauxhurst, Inglis Sharp, of Cleveland, Ohio, for appellant.
Harrington, Huxley Smith, of Youngstown, Ohio, for appellee.
Before HICKS, SIMONS, and ALLEN, Circuit Judges.
The judgment below is reversed and the cause remanded to the District Court for trial upon the authority of Fidelity Casualty Company v. Federal Express, Inc., et al., and Fidelity Casualty Company v. Fornaro Company, 6 Cir., 99 F.2d 681, decided November 10th, 1938.