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GULF REFINING CO. v. ATLANTIC MUT. INS. CO.

No. 317.

27 F.2d 678 (1928)

GULF REFINING CO. v. ATLANTIC MUT. INS. CO.

Circuit Court of Appeals, Second Circuit.

July 17, 1928.

Attorney(s) appearing for the Case

H. Carter, Ledyard & Milburn, of New York City (J. M. R. Lyeth and Rush Taggart, both of New York City, of counsel), for appellant.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Roger B. Siddall and Ira A. Campbell, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

This case presents the question whether, in the case of a cargo, insured under a valued policy, which has suffered a general average contribution, the insured is coinsurer to the extent that the sound value of the cargo is more than the agreed value. The record does not show whether the cargo was undervalued at the port of lading, or whether on the voyage it increased...

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