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AMERICAN CHARM CORPORATION et al., Respondents, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY et al., Appellants

Per Curiam.

The loss of plaintiffs' property was from an automobile which at the time the loss occurred did not have "actually in or upon such vehicle" the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — STREIT, J.P., GOLD and HOFSTADTER, JJ.

Order reversed, etc.

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A. CHARM v. ST. PAUL F. MARINE INS
(Jan 25, 1968)