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ST. PAUL FIRE & MARINE INS. CO. v. UNITED STATES LINES CO.

No. 326, Docket 24982.

258 F.2d 374 (1958)

ST. PAUL FIRE & MARINE INSURANCE CO., Defendant and Third Party Plaintiff-Appellant, v. UNITED STATES LINES COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 27, 1958.

Attorney(s) appearing for the Case

Daniel A. Sullivan, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for defendant and third-party plaintiff-appellant.

Michael F. Whalen, New York City (James McGarry, Kirlin, Campbell & Keating, New York City, on the brief), for third-party defendant-appellee.

Before WATERMAN and MOORE, Circuit Judges, and GALSTON, District Judge.

MOORE, Circuit Judge.

On October 31, 1956 M. V. M. Inc., a New York corporation, filed suit in the Southern District of New York against the St. Paul Fire and Marine Insurance Co. (referred to as the "Insurance Company"), a Minnesota corporation, alleging: (1) that M. V. M. Co., the predecessor in interest of M. V. M. Inc., had insured under an All Risk Marine and Inland Open Policy issued by the defendant Insurance Company...

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