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CONTINENTAL INS. CO. v. PATTON-TULLY TRANSP. CO.

No. 14713.

212 F.2d 543 (1954)

CONTINENTAL INS. CO. OF CITY OF NEW YORK v. PATTON-TULLY TRANSP. CO. et al. PATTON-TULLY TRANSP. CO. et al. v. CONTINENTAL INS. CO. OF CITY OF NEW YORK.

United States Court of Appeals, Fifth Circuit.

April 30, 1954.

Attorney(s) appearing for the Case

Selim B. Lemle, New Orleans, La., James D. Thames, Jr., Vicksburg, Miss. (Lemle & Kelleher, New Orleans, La., of counsel), for appellant and cross-appellees.

M. E. Ward, R. L. Dent, Frank E. Everett, Jr. (of Brunini, Everett, Grantham & Quin), Vicksburg, Miss. (Dent, Ward & Martin, Vicksburg, Miss., of counsel), for appellees and cross-appellants.

Before BORAH and RUSSELL, Circuit Judges, and DAWKINS, District Judge.

BORAH, Circuit Judge.

This is an appeal by the Continental Insurance Company of the City of New York, the defendant in the District Court, and a cross-appeal by Patton-Tully Transportation Company and The Girod Company, plaintiffs below, in a civil action at law based on a policy of marine insurance.

Plaintiff Patton-Tully Company as owner, and Girod Company as charterer of two barges upon which the defendant had issued its River Hull policy of insurance for...

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