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INSURANCE CO. OF NORTH AMERICA v. S. S. FLYING TRADER

No. 65 A.D. 388.

306 F.Supp. 221 (1969)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. S. S. FLYING TRADER, her engines, boilers, etc. v. AMERICAN EXPORT LINES, INC., Defendant.

United States District Court S. D. New York.

November 21, 1969.

Attorney(s) appearing for the Case

Poles, Tublin, Patestides & Stratakis, New York City, for plaintiff; Melvin J. Tublin, Patrick V. Martin, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant; M. E. DeOrchis, LeRoy S. Corsa, New York City, of counsel.

OPINION

BONSAL, District Judge.

Plaintiff, as subrogee to the rights of the owners of the cargo, seeks to recover damages from the defendant on the ground that most of the cargo was lost while being carried on defendant's vessel. At the trial, plaintiff established that the cargo, consisting of 47 drums containing synthetic latex and 35 drums containing gasoline additive, was delivered aboard defendant's vessel, the S.S. FLYING TRADER, in Baltimore and New...

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