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BY'S CHARTERING SERV., INC. v. INTERSTATE INS. CO.

No. 75-1031.

524 F.2d 1045 (1975)

BY'S CHARTERING SERVICE, INC., Plaintiff-Appellant, v. INTERSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided November 3, 1975.

Attorney(s) appearing for the Case

Allan van Gestel, Boston, Mass., with whom Goodwin, Procter & Hoar, Boston, Mass., was on brief, for appellant.

Frank H. Handy, Jr., Boston, Mass., with whom Viola B. Kneeland and Kneeland, Splane, Kydd & Handy, Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and THOMSEN, Senior District Judge.

McENTEE, Circuit Judge.

This case deals with a disputed claim under a policy of hull insurance. The issues involved are relatively simple, and there is virtually no dispute between the parties concerning the basic facts.

On the morning of June 26, 1971, the yacht POSEIDON was operating in the waters of Muskeget Channel, south of Martha's Vineyard. The owner of the vessel, who was operating it at the time, observed heavy smoke coming from the exhaust and consequently...

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