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GREENE v. CHEETHAM

No. 323, Docket 28037.

316 F.2d 730 (1963)

Sidney I. GREENE, Noel Goldblatt and Lionel Goldblatt, co-partners doing business as Morris Fisheries Co., and HoMa Packing Company, Plaintiffs-Appellants, v. Geoffrey CHEETHAM, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 30, 1963.

Attorney(s) appearing for the Case

Samuel M. Sprafkin, New York City (Mandel M. Einhorn, New York City, of counsel), for plaintiffs-appellants.

William Warner, of Symmers, Fish & Warner, New York City, for defendant-appellee.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.

PER CURIAM.

This is an action on an insurance policy for loss resulting from a seizure of a quantity of frozen fish by the Food & Drug Administration as unfit for human consumption. The facts are fully set out in our opinion on the prior appeal in this litigation, 2 Cir., 293 F.2d 933. The policy contained a provision reading: "In case of Goods arriving damaged immediate notice must be given to the Lloyd's Agent authorized to...

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