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OLSON MARINE SUPPLIES v. FIDELITY-PHENIX FIRE INS. CO.

Civ. 49-579.

94 F.Supp. 726 (1950)

OLSON MARINE SUPPLIES OF NORFOLK, Inc. et al. v. FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK et al.

United States District Court S. D. New York.

November 9, 1950.

Attorney(s) appearing for the Case

Thomas P. Mesick, New York City (Herbert A. Harris, New York City, of counsel), for plaintiff.

Bigham, Englar, Jones & Houston, New York City (J. Joseph Noble, New York City, of counsel), for defendant.

CONGER, District Judge.

This is a motion by the defendant for summary judgment on the ground that the plaintiff has not instituted the suit within twelve months after the happening of the loss, as provided in the contract of insurance sued on.

The facts concerning this point are not seriously in dispute, even though the plaintiff suggests that the occurrences giving rise to the suit may not be definitely fixed in point of time without a trial.

On August...

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