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BOSTON INS. CO. v. CITY OF NEW YORK

No. 321.

130 F.2d 156 (1942)

BOSTON INS. CO. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

July 8, 1942.

Attorney(s) appearing for the Case

George Seagrave Franklin and William C. Chanler, Corp. Counsel, both of New York City (Martin Faust, of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for appellee.

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

PER CURIAM.

This appeal turns upon whether the libellant proved those allegations of its libel which were in issue. The first of these was its incorporation which the answer denied and which the libellant did not attempt to prove. Although the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, have not yet been extended to admiralty and we cannot therefore invoke Rule 9(a), the practice in admiralty is concededly extremely plastic and always has...

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