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KING v. ÆTNA INS. CO.

No. 42.

54 F.2d 253 (1931)

KING et al. v. ÆTNA INS. CO.

Circuit Court of Appeals, Second Circuit.

November 9, 1931.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant.

Weed & Candler, of New York City (Joseph Thurlow Weed and Robert J. Lantry, both of New York City, of counsel), for appellee.

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

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

The errors of which the appellant chiefly complains relate to the dismissal of the first and second separate defenses. With respect to the sufficiency of the anchors, the testimony was conflicting. The plaintiff's own witness, Young, testified that, if their aggregate weight was only 200 pounds, that would not be enough. He said that the fluke anchor weighed about 150...

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