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EXPORT S. S. CORPORATION v. AMERICAN INS. CO.

No. 375.

106 F.2d 9 (1939)

EXPORT S. S. CORPORATION et al. v. AMERICAN INS. CO., NEWARK, N. J., et al.

Circuit Court of Appeals, Second Circuit.

July 31, 1939.

Attorney(s) appearing for the Case

Haight, Griffin, Deming & Gardner, of New York City (John W. Griffin and Frank J. Foley, both of New York City, of counsel), for appellants Export Steamship Corporation and American Export Lines, Inc.

Tompkins, Boal & Tompkins, of New York City (Arthur M. Boal, of New York City, of counsel), for appellant American Insurance Company.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Ira A. Campbell, J. F. Luley, and W. P. Lage, all of New York City, of counsel), for appellee.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

The case raises an interesting point in the law of insurance. The libellant Export Steamship Corporation, owner of the steamship Exmoor, in 1936 took out a time policy of marine insurance with American Insurance Company covering loss arising from liability for damage to cargo. The policy ran for one year and expired at noon on February 20, 1937. From noon of February 20, 1937, forward for one year, the ship owner had a time policy of American...

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