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LEHIGH & WILKES-BARRE COAL CO. v. GLOBE & RUTGERS FIRE INS. CO.

No. 125.

6 F.2d 736 (1925)

LEHIGH & WILKES-BARRE COAL CO. v. GLOBE & RUTGERS FIRE INS. CO.

Circuit Court of Appeals, Second Circuit.

March 16, 1925.

Attorney(s) appearing for the Case

Oudin, Kilbreth & Schackno, of New York City (James T. Kilbreth and Irving Miller, both of New York City, of counsel), for appellant.

Macklin, Brown & Van Wyck, of New York City (Pierre M. Brown, of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

ROGERS, Circuit Judge (after stating the facts as above).

This suit is brought to recover upon two marine certificates of insurance issued by defendant to libelant. The respondent therein agreed to pay to the assured, the libelant, if it became liable to pay and did pay, by way of damages, if the vessel insured or her tow came into "collision." The aggregate amount of the damages demanded is $49,389.79. The court below dismissed the libel after hearing the testimony...

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