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GLOBE & RUTGERS FIRE INS. CO. v. UNITED STATES

No. 186.

105 F.2d 160 (1939)

GLOBE & RUTGERS FIRE INS. CO. et al. v. UNITED STATES et al. UNITED STATES et al. v. GLOBE & RUTGERS FIRE INS. CO. et al.

Circuit Court of Appeals, Second Circuit.

June 26, 1939.

Attorney(s) appearing for the Case

Forrest E. Single, of New York City (Douglas D. Crystal and Wilbur H. Hecht, both of New York City, of counsel), for libellants-appellants-appellees and cross-respondents-appellees.

Lamar Hardy, U. S. Atty., of New York City (William E. Collins, of New York City, and Myron H. Avery, Paul D. Page, Jr., Bon Geaslin, Gen. Counsel, United States Maritime Commission, and J. Frank Staley, all of Washington, D. C., of counsel), for the United States.

Before SWAN and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

It will facilitate the discussion of the respective rights of the parties to this appeal to consider first whether the cross-libellant is entitled to recover from the cargo underwriters any balance due in General Average. It is argued that the shipowner should recover General Average contribution because of an agreement made on November 24, 1920, to settle all controversies by a General Average adjustment. The agreement provided as...

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