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FIREMAN'S FUND INS. CO. v. COMPANIA DE NAVEGACION, INTERIOR, S. A.

No. 4926.

19 F.2d 493 (1927)

FIREMAN'S FUND INS. CO. v. COMPANIA DE NAVEGACION, INTERIOR, S. A.

Circuit Court of Appeals, Fifth Circuit.

May 20, 1927.

Attorney(s) appearing for the Case

Henry P. Dart, Jr., of New Orleans, La., Robert H. Kelley, of Houston, Tex., and T. Catesby Jones, of New York City (Dart & Dart, of New Orleans, La., Andrews, Streetman, Logue & Mobley, of Houston, Tex., and Bigham, Englar & Jones, of New York City, on the brief), for appellant.

John D. Grace, M. A. Grace, and Edwin H. Grace, all of New Orleans, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellee brought a libel in personam on a policy of marine insurance issued by appellant. The policy insured to the extent of $10,000 appellee's steam tug Wash Gray against loss by perils of the sea. It expressly excepted claims arising from unseaworthiness. The suit was defended on the grounds, among others, that the loss, which was admitted, was not caused by a peril of the sea, but either by unseaworthiness or by negligent towing. The Wash...

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