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IDEAL CEMENT CO. v. HOME INS. CO.

No. 13134.

183 F.2d 137 (1950)

IDEAL CEMENT CO. v. HOME INS. CO. et al. THE VIRGINIA A.

United States Court of Appeals Fifth Circuit.

July 21, 1950.

Attorney(s) appearing for the Case

J. Edward Thornton, Mobile, Ala., for appellant.

Brunswick G. Deutsch, New Orleans, La., Theodore K. Jackson, Jr., Mobile, Ala., for appellee.

Before HOLMES, WALLER, and BORAH, Circuit Judges.

BORAH, Circuit Judge.

This appeal brings up for review an order of the District Court for the Southern District of Alabama dismissing a libel in personam. On October 8, 1948, Ideal Cement Company, owner of the Steel Deck Barge 105, filed a libel in personam against its underwriter to recover the loss which it is alleged to have sustained in consequence of the barge sinking from insured perils while in the custody of the tug Virginia A. Concurrently with...

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