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McALLISTER LIGHTERAGE LINE v. INSURANCE CO.

No. 145, Docket 24295.

244 F.2d 867 (1957)

McALLISTER LIGHTERAGE LINE, Inc., Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA and Scott Paper Company, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 29, 1957.

As Amended on Denial of Rehearing June 20, 1957.

Attorney(s) appearing for the Case

Foley & Martin, New York City (Christopher E. Heckman, New York City, of counsel on the brief), for plaintiff-appellee.

Rawle & Henderson, Philadelphia, Pa., and Bigham, Englar, Jones & Houston, New York City (Harrison G. Kildare, Joseph W. Henderson, Philadelphia, Pa., and Richard F. Shaw, New York City, of counsel on the brief), for defendants-appellants.

Purdy, Lamb & Catoggio, New York City, for defendant-appellant Scott Paper Co.

Before MEDINA, HINCKS and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

Defendants appeal from a judgment entered upon the verdict of a jury by Albert L. Reeves, Judge, sitting in the Southern District of New York, in the amounts of $20,000 against the Insurance Company of North American and $3,456.19 against Scott Paper Company.

This action arose out of a charter of the McAllister scow 58 to the Scott Paper Company in August 1953. McAllister delivered the 58,...

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