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UNITED STATES FIRE INS. CO. v. BROKAMP & BRESSLER, INC.

Nos. 14397, 14398.

296 F.2d 81 (1961)

UNITED STATES FIRE INSURANCE COMPANY, Libellant-Appellant, v. BROKAMP & BRESSLER, INC., Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

November 24, 1961.

Attorney(s) appearing for the Case

Robert T. Keeler, Cincinnati, Ohio, for libellant-appellant, Nicholas L. White, of Taft, Stettinius & Hollister, Cincinnati, Ohio, on the brief.

Don Burkholder, Cincinnati, Ohio, for respondent-appellee, Rendings, Fry & Kiely, Cincinnati, Ohio, on the brief.

Before McALLISTER, WEICK and O'SULLIVAN, Circuit Judges.

O'SULLIVAN, Circuit Judge.

This is an appeal from a decree in admiralty dismissing two libels of the U. S. Fire Insurance Company, subrogee of O. F. Shearer & Sons, and of Logan & Kanawha Coal Co., against respondent, Brokamp & Bressler, Inc.

On February 25, 1956, two river barges owned by O. F. Shearer & Sons, loaded with coal owned by Logan & Kanawha Coal Co., became swamped with water from waves and swells caused by a windstorm and pulled...

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