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FLOTA MERCANTE DOM., C. POR A. v. AMERICAN MFRS. MUT. INS. CO.

Nos. 66 Civ. 1651; 67 Civ. 4255.

312 F.Supp. 58 (1970)

FLOTA MERCANTE DOMINICANA, C. POR A. Owner of the SS SANTO DOMINGO, Plaintiff, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Defendant. FLOTA MERCANTE DOMINICANA, C. POR A. Owner of the SS SANTO DOMINGO, Plaintiff, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY et al., Defendants.

United States District Court, S. D. New York.

April 22, 1970.

Attorney(s) appearing for the Case

Zock, Petrie, Sheneman & Reid, New York City, by Francis J. O'Brien and Howard M. McCormack, New York City, for plaintiff.

Hepburn & Troy, New York City, by William P. Hepburn, for defendant American Manufacturers Mutual Ins. Co. as war risk underwriters.

Mendes & Mount, New York City, by John J. Sullivan, for defendants American Manufacturers Mutual Ins. Co. and others as marine hull underwriters.

TYLER, District Judge.

Plaintiff was the owner of the SS SANTO DOMINGO which burned and sank in the harbor of Santo Domingo, Dominican Republic, following shelling by members of the U.S. Armed Forces on May 4 and 5, 1965. The ship was a constructive total loss. Plaintiff first sued American Manufacturers Mutual Insurance Co. ("AMMI") to collect under a war risk policy insuring the ship. AMMI raises three defenses to this action: (1) the proximate cause of the sinking...

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