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ALLIANCE ASSURANCE COMPANY v. UNITED STATES

No. 110, Docket 24521.

252 F.2d 529 (1958)

ALLIANCE ASSURANCE COMPANY, Ltd., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 10, 1958.

Attorney(s) appearing for the Case

James H. Simonson, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for plaintiff-appellant, Alliance Assur. Co., Limited.

Foster Bam, Asst. U. S. Atty., Southern District of New York, New York City (Paul W. Williams, U. S. Atty., for Southern District of New York, Benjamin T. Richards, Jr., Asst. U. S. Atty., Southern District of New York, New York City, on the brief), for defendant-appellee, United States of America.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.

MOORE, Circuit Judge.

This is a suit brought against the United States by Alliance Assurance Company, Ltd., the insurer and subrogee of Carlyle Clothes, Inc., to recover the value of goods, consigned to H. W. Robinson & Co., Inc., customs broker for Carlyle and the importer of record, which, while being inspected for entry into this country, disappeared from the possession of the United States Customs.

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