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WUNDERLICH v. NETHERLANDS INSURANCE CO.

125 F.Supp. 877 (1954)

Martin WUNDERLICH, Plaintiff, v. NETHERLANDS INSURANCE CO., Commercial Union Assurance Company, Limited, Insurance Company of North America, Aetna Insurance Company of Hartford, Home Insurance Company of New York and Atlantic Mutual Insurance Company, Defendants.

United States District Court S. D. New York.

November 19, 1954.

Attorney(s) appearing for the Case

Dow & Symmers, New York City, Frederick Fish, William Warner, New York City, of counsel, for plaintiff.

Bigham, Englar, Jones & Houston, New York City, Leonard J. Matteson, Julian S. Gravely, Jr., New York City, of counsel, for petitioner-defendants.

WEINFELD, District Judge.

Plaintiff moves pursuant to 28 U.S.C. § 1447 to remand this action to the Supreme Court of the State of New York, from whence it was removed on the joint petition of all defendants.

Plaintiff seeks to recover damages for breach of three separate policies of marine insurance issued on a sea-going vessel, under which each of the six defendants assumed a fractional share of liability. The assured vessel was en route from Belize...

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