FIDELITY-PHENIX FIRE I. CO. v. FLOTA MERCANTE DEL ESTADO

No. 14329.

205 F.2d 886 (1953)

FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK v. FLOTA MERCANTE DEL ESTADO. THE RIO GUALEGUAY.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 11, 1953.


Attorney(s) appearing for the Case

Eberhard P. Deutsch, Deutsch, Kerrigan & Stiles, Nigel Rafferty and James Garrison, New Orleans, La., for appellant.

L. deGrove Potter, New York City, Leon Sarpy, New Orleans, La., Kirlin, Campbell & Keating, New York City, Chaffe, McCall, Toler & Phillips, New Orleans, La., for appellees.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.


STRUM, Circuit Judge.

This libel in admiralty was brought against the owner and operator of the Steamship Rio Gualeguay to recover for fire damage to a shipment of newsprint on December 3, 1943, while the vessel was in the harbor of New Orleans, Louisiana. Libellant is the insurer of the newsprint, to whom the rights of the owner thereof were assigned upon payment of the loss. The appeal is from a decree dismissing the libel. 102 F.Supp. 861

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