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KALIMIAN v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

No. 230, Docket 27229.

300 F.2d 547 (1962)

Abi KALIMIAN, Elias Kalimian and Morad Kalimian, doing business as Kalimko Buying Service, Plaintiffs-Appellants, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided March 16, 1962.

Attorney(s) appearing for the Case

Robert F. Doran, New York City (Bailey & Muller, New York City, on the brief), for plaintiffs-appellants.

William J. Fleming, New York City, for defendant-appellee and cross-appellant.

Before WATERMAN, SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

This is an appeal by plaintiffs and cross-appeal by defendant from a judgment in an action on a marine open cargo policy, dismissing the complaint after trial in the District Court for the Southern District of New York before Judge MacMahon without a jury. We find error in part and reverse and remand for consolidation with pending action and determination of issues including mootness.

Appellants, father and two sons, doing business...

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