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AETNA INSURANCE CO. v. DIRECTOR GENERAL OF INDIA SUP. MIS.

No. 66 Ad. 530.

289 F.Supp. 273 (1968)

AETNA INSURANCE COMPANY, Plaintiff, v. The DIRECTOR GENERAL OF THE INDIA SUPPLY MISSION, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

United States District Court S. D. New York.

September 11, 1968.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff, by Sheldon A. Vogel, and Charles A. Doyle, New York City.

Baker, Nelson, Williams & Mitchell, New York City, for defendant and third-party plaintiff, by O. Taft Nelson and Robert E. Meshel, New York City.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, for third-party defendant, by Louis E. Greco, and Gilbert S. Fleischer, New York City.

OPINION

TYLER, District Judge.

On October 30, 1964, the Anne Quinn Corporation, owner of the American flag vessel Smith Voyager, entered into a charter party with defendant, the Director General of the India Supply Mission ("Mission"), agreeing to transport a shipment of wheat from the United States to India aboard the Smith Voyager. While en route to India, the ship sank on December 27, 1964, resulting in a total loss of both vessel and cargo. Plaintiff...

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