Pruitt v. Hw. Mut. Fire Ins. Co., Minn., MN

Full title: Mrs. J.C. PRUITT et al., Surviving Partners of Pruitt-Barrett Hardware…

Court: Circuit Court of Appeals, Fifth Circuit

Date published: May 29, 1940

112 F.2d 574 (5th Cir. 1940)

Opinion

Nos. 9346, 9347.

May 29, 1940.

Appeals from the District Court of the United States for the Northern District of Georgia; E. Marvin Underwood, Judge.

B.D. Murphy, of Atlanta, Ga., and Joseph H. Blackshear, E.D. Kenyon, A.C. Wheeler, Chas. J. Thurmond, and Boyd Sloan, all of Gainesville, Ga., for appellants.

Grover Middlebrooks, of Atlanta, Ga., and G. Fred Kelley and Wm. P. Whelchel, both of Gainesville, Ga., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The fire policies involved in the above stated cases covered the same stock of merchandise as that involved in Pruitt v. Hardware Dealers Mutual Fire Ins. Co., 5 Cir., 112 F.2d 140, this day decided. The cases are substantially alike. For the reasons stated in the opinion in the cited case the judgment in each is reversed and the case remanded with direction to the district court to pass upon the motion for new trial.

Reversed.