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GREAT AMERICAN INS. CO., N. Y. v. GULF MARINE DRILLING NO. 1

No. 19239.

302 F.2d 332 (1962)

GREAT AMERICAN INSURANCE COMPANY, NEW YORK, Appellant, v. GULF MARINE DRILLING NO. 1, its engines, etc., and Gulf Marine Drilling, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

April 25, 1962.

Attorney(s) appearing for the Case

W. Eugene Davis, New Orleans, La., George W. Healy, III, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel, for appellant.

Paul A. Gaudet, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., for appellee; William S. Stone, New Orleans, La., Advocate.

Before HUTCHESON, WISDOM, and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

This is an appeal from a final decree dismissing the libel of appellant. Appellant sued as a subrogated insurer and the court held that it had no right of action because it had waived its right of subrogation in the policy of insurance issued by it.

Sea Service, Inc. was the owner of the M/V CARGO SERVICE which vessel was bareboat chartered to Gulf Oil Corporation. It was manned and navigated under the control and direction...

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