FLOTA MERCANTE DOMINICANA v. AMERICAN MFRS. MUT. INS. CO.

No. 66 Civ. 1651.

272 F.Supp. 540 (1967)

FLOTA MERCANTE DOMINICANA, C. POR A., Owner of the S/S SANTO DOMINGO, Plaintiff, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

June 30, 1967.


Attorney(s) appearing for the Case

Zock, Petrie, Sheneman & Reid, New York City, for plaintiff, Francis J. O'Brien, Howard M. McCormack, George D. Byrnes, New York City, of counsel.

Hepburn & Troy, New York City, for defendant, William P. Hepburn, William J. Troy, New York City, of counsel.


MEMORANDUM

FRANKEL, District Judge.

This is an action on a policy of war-risk insurance to recover for the asserted constructive total loss of plaintiff's vessel the S/S Santo Domingo. The case is ready for partial or complete disposition on motions by both sides for summary judgment. The key issue now joined may be stated simply without peeling off the "layer upon layer of warranties and riders," Calmar Steamship Corp. v. Scott, 345 U.S....

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