POLAND v. ATLANTIS CREDIT CORPORATION


179 F.Supp. 863 (1960)

K. G. POLAND, suing in behalf of himself and all other underwriters subscribing underwriters at Lloyd's policy 201598; A. B. Stewart, suing in behalf of himself and all other underwriters subscribing underwriters at Lloyd's policy 200436; British Law Insurance Co., Ltd., suing in behalf of itself and all other companies subscribing Institute of London Underwriters Companies policy 200436 (34382) Plaintiffs, v. ATLANTIS CREDIT CORPORATION, Supreme Navigation Corporation, Maryland Shipbuilding & Dry Dock Company, Moon Engineering Company, Francis H. Moats, Lyons, Ltd., Walter Bower, Alken Murray Corp., Globe Wireless, Ltd., Mackay Radio & Telegraph Co., World Steamship Service Company, Mobile Overseas Oil Co., Inc., the Texas Company, Gamlen Chemical Company, Florias G. Maroudas, Frank Savas, dba World Wide Engineering Company, Seafare Marine Corp., Argo Marine Supply Co., Inc., Billy S. Makrinos, Novitas Trading Company, International Paint Co., McDonough Iron Works, Neptune Supply Company, Flood & Calvert, Inc., Sedgwick, Collins & Co., Ltd., Paulsen & Webber Cordage Co., Waterbury Company, Inc., Defendants, Red Hand Compositions Company, Inc., Applicant for Intervention.

United States District Court S. D. New York.

January 6, 1960.


Attorney(s) appearing for the Case

Mendes & Mount, New York City, Wilbur H. Hecht, Alfred A. Lohne, New York City, of counsel, for plaintiffs.

Kelley, Drye, Newhall & Maginnes, New York City, Robert Ehrenbard, Hugh M. Finneran, New York City, of counsel, for Applicants for Intervention, Red Hand Compositions Company, Inc. and John S. Connor.

Garfield, Salomon & Mainzer, New York City, Jacob Freed Adelman, New York City, of counsel, for defendant, Atlantis Credit Corp.

Sylvester & Harris, New York City, for Applicants for Intervention, John J. McCloskey and Felipe S. Tapia.

Thomas J. Irving, New York City, Appearing specially for Foley & Martin for the purpose of this motion.


FREDERICK van PELT BRYAN, District Judge.

On August 9, 1958 the S.S. St. Nicholas stranded and became a constructive total loss. This interpleader action under the Federal Interpleader Act, 28 U.S.C. §§ 1335, 1397 and 2361, and Rule 22 of the Federal Rules of Civil Procedure, 28 U.S.C., involves what is claimed to be the proceeds of certain insurance policies relating to the vessel and is brought by the insurers.

The St. Nicholas, owned by defendant...

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