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LEATHEM SMITH-PUTNAM NAV. CO. v. NATIONAL U. F. INS. CO.

No. 6416.

96 F.2d 923 (1938)

LEATHEM SMITH-PUTNAM NAV. CO. et al. v. NATIONAL UNION FIRE INS. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

May 19, 1938.

Attorney(s) appearing for the Case

Thomas A. Sanderson, of Sturgeon Bay, Wis., and Robert Branand, Jr., of Chicago, Ill., for appellants.

T. Catesby Jones and W. J. Nunnally, Jr., both of New York City, Rowland W. Stebbins, of Milwaukee, Wis., and John H. S. Lee, of Chicago, Ill., for appellees.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Libelants appeal from a decree dismissing their libel. They are the owner and mortgage-trustees of the freighter Material Service which sank in Lake Michigan, just before entering Calumet Harbor, shortly after 1 a. m., July 29, 1936. Respondents are ten underwriters of two insurance policies for more than $200,000.

The basis of the District Court's decree was the finding that the vessel was unseaworthy, because, of 48 8-inch holes...

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