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THE NESCO

47 F.2d 643 (1931)

THE NESCO. UNITED STATES v. ST. PAUL FIRE & MARINE INS. CO. et al.

District Court, S. D. New York.

February 26, 1931.

Attorney(s) appearing for the Case

Robert E. Manley, Acting U. S. Atty., of New York City (Charles E. Wythe, of New York City, of counsel), for exceptions.

Bigham, Englar, Jones & Houston, of New York City (Martin Detels and Gerald E. Dwyer, both of New York City, of counsel), opposed.

WOOLSEY, District Judge.

These exceptions are overruled.

I. The libel in this case is based on general average bonds given by the respondents other than the insurance company and guaranties for the payment of general average given by the insurance company in respect of an alleged loss which occurred in February, 1920.

II. Demurrers or their equivalent, such as the exceptions filed to the answer here, search the pleadings, and I must first look at the...

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