ALLEN N. SPOONER & SON, INC. v. CONNECTICUT FIRE INS. CO.

No. 239, Docket 27881.

314 F.2d 753 (1963)

ALLEN N. SPOONER & SON, INC., Libelant-Appellant, v. The CONNECTICUT FIRE INSURANCE CO., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 11, 1963.


Attorney(s) appearing for the Case

Kenneth H. Volk, of Burlingham, Underwood, Barron, Wright & White, New York City (Hervey C. Allen, New York City, of counsel), for libelant-appellant.

Sheldon A. Vogel, of Bigham, Englar, Jones & Houston, New York City (Joseph J. Magrath, 3d, New York City, of counsel), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and HAYS, Circuit Judges.


HAYS, Circuit Judge.

This is an action on a policy of marine hull insurance. The district court held that the loss on which appellant sued was not within the coverage of the policy and dismissed the libel. We reverse and direct that judgment be entered for the libelant.

Appellant takes no exception to the district court's findings of fact and we accept those findings as supported by the evidence. We disagree with...

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