BUCKEYE CELLULOSE CORP. v. ATLANTIC MUT. INS. CO.

No. 82 Civ. 7411(MEL).

643 F.Supp. 1030 (1986)

The BUCKEYE CELLULOSE CORPORATION, Plaintiff, v. ATLANTIC MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

September 17, 1986.


Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, for plaintiff; Vincent J. Ryan, George W. Clarke, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant; Joseph J. Magrath, 3rd, of counsel.


LASKER, District Judge.

This case concerns the question of whether the seller of an ocean shipment of cottonseed oil can recover from its insurance carrier under an open marine cargo insurance policy for conversion of cargo resulting from fraudulent procurement of bills of lading. The issues were initially presented to the court on cross-motions for summary judgment, both of which were denied, the court concluding

that in spite of the wide area of agreement...

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