TROPICAL MARINE PROD. v. BIRMINGHAM FIRE INS. CO. OF PA.

No. 16071.

247 F.2d 116 (1957)

TROPICAL MARINE PRODUCTS, Inc., Appellant, v. BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 11, 1957.


Attorney(s) appearing for the Case

Wilbur E. Dow, Jr., New York City, Arthur L. Willner, Miami, Fla., for appellant.

Douglas D. Batchelor, David W. Dyer, Miami, Fla., for appellee, Smathers, Thompson & Dyer, Miami, Fla., of counsel.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This appeal by the shipowner tests the correctness of the adverse judgment of the District Court after a trial without a jury denying recovery under an American Institute Time Hull Policy for a sinking from unknown causes. So uncontradicted are the facts, as found or as controlling, that the District Judge's findings of fact were an almost verbatim adoption of those proposed by the plaintiff Shipowner, the losing party. The case turned...

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