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MARINE INSURANCE CO. v. UNITED STATES

No. 144-68.

410 F.2d 764 (1969)

MARINE INSURANCE CO., Ltd. v. The UNITED STATES.

United States Court of Claims.

May 16, 1969.

Attorney(s) appearing for the Case

J. Edwin Carey, New York City, attorney of record, for plaintiff. Hill, Rivkins, Warburton, McGowan & Carey, New York City, of counsel.

George M. Beasley, III, Washington D.C., with whom was Asst. Atty. Gen. William D. Ruckelshaus, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

DAVIS, Judge.

This is plaintiff's second suit arising out of the same occurrence. In the earlier case (Marine Ins. Co. v. United States, 378 F.2d 812 (C.A. 2), cert. denied, 389 U.S. 953, 88 S.Ct. 335, 19 L. Ed.2d 361 (1967)), the Second Circuit set forth the facts as follows (378 F.2d at 813):

The Marine Insurance Company, Ltd. (Marine Insurance), a British insurer, insured a small package which contained six emeralds valued...

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