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AUTOMOBILE INS. CO. v. ST. PAUL FIRE & MARINE INS. CO.

No. 318.

89 F.2d 163 (1937)

AUTOMOBILE INS. CO. OF HARTFORD, CONN. v. ST. PAUL FIRE & MARINE INS. CO.

Circuit Court of Appeals, Second Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

Lester Weil, of New York City (Emanuel Thebner, of New York City, of counsel), for appellant.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for appellee.

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

PER CURIAM.

This is an appeal from a judgment for the defendant upon a counterclaim, interposed in an action to recover for salvage collected by the defendant as the re-insured in a contract of re-insurance. The cause being at law, the parties agreed to submit all the issues to a referee "to hear and determine" under section 464 of the New York Civil Practice Act. He heard the evidence and filed his report, giving judgment to the plaintiff upon its complaint for one...

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