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NEW YORK & CUBA MAIL S. S. CO. v. CONTINENTAL INS. CO.

No. 116.

117 F.2d 404 (1941)

NEW YORK & CUBA MAIL S. S. CO. v. CONTINENTAL INS. CO. OF CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

January 27, 1941.

Attorney(s) appearing for the Case

Roscoe H. Hupper, of New York City (Burlingham, Veeder, Clark & Hupper, Chauncey I. Clark, Ray Rood Allen, and Eugene Underwood, all of New York City, on the brief), for libellant-appellee.

Cletus Keating, of New York City (Kirlin, Campbell, Hickox, Keating & McGrann, Tompkins, Boal & Tompkins, Arthur M. Boal, and James H. Herbert, all of New York City, on the brief), for respondent-appellant.

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

CLARK, Circuit Judge.

Early in the morning of September 8, 1934, libellant's chartered steamship Morro Castle, en route from Havana to New York, was destroyed by fire under circumstances at once poignant and dramatic. She was then under command of her Chief Officer Warms, who had only assumed this responsibility when her captain, Willmott, died of heart failure at 7:45 the previous evening. About 2:10 A.M., a passenger discovered a small fire in a closet in the writing...

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