UNITED STATES v. BATSON-COOK CO.

No. 5597.

13 F.Supp. 628 (1933)

UNITED STATES for Use and Benefit of HUTCHENS v. BATSON-COOK CO., Inc., et al.

District Court, E. D. Virginia.

July 6, 1933.


Attorney(s) appearing for the Case

Montague & Holt, of Hampton, Va., for H. F. Hutchens and various intervening petitioners.

Kelsey & Jett, of Norfolk, Va., for Moon Engineering Co.

Smith & Smith, of Norfolk, Va., for Seaboard Supply Co.

Williams, Loyall & Taylor, of Norfolk, Va., for Home Indemnity Co.

Wallerstein, Goode & Evans, of Richmond, Va., Swink & Fentress and W. Shepherd Drewry, Esquire, all of Norfolk, Va., and Lett, Murray & Ford, of Newport News, Va., for other intervening petitioners.


WAY, District Judge (after stating the facts as above).

I have reached the conclusion that the demurrer of defendant, Home Indemnity Company, should be sustained.

It seems to me that neither the original plaintiff nor any intervenor has any right under the re-insurance agreement, which is designated, "Re-insurance Agreement in Favor of the United States," but rather that said agreement was given and accepted...

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