UNITED STATES LINES CO. v. EASTBURN MARINE CHEMICAL CO.


221 F.Supp. 881 (1963)

UNITED STATES LINES COMPANY, Libelant, v. EASTBURN MARINE CHEMICAL COMPANY, Inc., Respondent-Petitioner, v. The TRAVELERS INSURANCE COMPANY, Impleaded Respondent.

United States District Court S. D. New York.

September 27, 1963.


Attorney(s) appearing for the Case

Emanuel Thebner, New York City, for respondent-petitioner.

Terhune, Gibbons & Mulvehill, New York City, for impleaded respondent; John G. Donovan, New York City, of counsel.


DAWSON, District Judge.

The question presented on this motion is whether or not an accident occurring on an American flag ship berthed in Spain is covered by an insurance policy where the policy by its terms applies only to accidents "within the United States of America, its territories or possessions, or Canada." It is a case of novel impression.

This issue comes up on a motion and cross-motion for summary judgment by respondent-petitioner, Eastburn Marine...

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