FEINBERG v. INSURANCE COMPANY OF NORTH AMERICA

No. 5387.

260 F.2d 523 (1958)

Morris FEINBERG, Treasurer, et al., Plaintiffs, Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant, Appellee,

United States Court of Appeals First Circuit.

November 4, 1958.


Attorney(s) appearing for the Case

Morris Michelson, Boston, Mass., for appellants.

William T. Conlan, Boston, Mass., with whom Norman B. Silk and Ely, Bartlett & Brown, Boston, Mass., on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


WOODBURY, Circuit Judge.

This appeal is from a judgment dismissing a complaint in an action brought in the court below under its diversity jurisdiction to recover under a policy of marine insurance for damage to the yacht Mariposa and its equipment. Trial was by the court without a jury.

The Mariposa was a luxurious twinscrew Chris-Craft cabin cruiser, 42 feet long with a beam of 13 feet and a draft of 3 feet. On the evening of June 6, 1957, she was left securely...

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