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NATIONAL UNION FIRE INS. CO. v. REPUBLIC OF CHINA

No. 7550.

254 F.2d 177 (1958)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Pennsylvania, Respondent, Appellant and Cross-Appellee, and Appellee. v. The REPUBLIC OF CHINA, China Merchants Steam Navigation Company, Limited, and the United States of America, Libellants, Appellees and Cross-Appellants, and Appellants.

United States Court of Appeals Fourth Circuit.

Decided April 8, 1958.

Attorney(s) appearing for the Case

Martin P. Detels, New York City (Lord, Whip & Coughlan, Baltimore, Md., Bigham, Englar, Jones & Houston, New York City, George W. P. Whip, Baltimore, Md., Vincent L. Leibell, Jr., and Joseph J. Magrath, 3rd, New York City, on brief), for Nat. Union Fire Ins. Co. of Pittsburgh.

Thomas F. McGovern, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Leon H. A. Pierson, U. S. Atty., Baltimore, Md., and Leavenworth Colby, Atty., Dept. of Justice, Washington, D. C., on brief), for U. S.

Ronald A. Capone, Washington, D. C. (Kirlin, Campbell & Keating, New York City, Ober, Williams, Grimes & Stinson, Baltimore, Md., Robert E. Kline, Jr., Washington, D. C., and William A. Grimes, Baltimore, Md., on brief), for The Republic of China and China Merchants Steam Navigation Co., Ltd.

Before PARKER, Chief Judge, and SOPER, and HAYNSWORTH, Circuit Judges.

SOPER, Circuit Judge.

These suits in admiralty were brought to recover the value of seven vessels which had been sold by the United States to the Nationalist Government of China and subsequently lost by the defection of their masters, officers or crew to the Communist Government of China. Each vessel is the subject of a separate suit but all of the suits were tried concurrently in the District Court. The libellants are the Republic of China, China Merchants Steam...

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