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ROCK TRANSPORT PROPERTIES CORP. v. HARTFORD FIRE INS. CO.

No. 67 Civ. 1169.

312 F.Supp. 341 (1970)

ROCK TRANSPORT PROPERTIES CORPORATION, New York Trap Rock Corporation and Mellon National Bank and Trust Company, Plaintiffs, v. The HARTFORD FIRE INSURANCE COMPANY, Defendant.

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

Memorandum Opinion April 13, 1970.

Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood, New York City, for plaintiffs; Edward C. Kalaidjian and Dwight B. Demeritt, Jr., New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant; Daniel A. Sullivan and Alexander Peltz, New York City, of counsel.

OPINION

MacMAHON, District Judge.

This is an action to recover on two insurance policies for the "constructive total loss" of eleven scows and the partial loss of one scow, owned by plaintiff Rock Transport Properties Corporation and chartered by another plaintiff, New York Trap Rock Corporation. The remaining plaintiff, Mellon National Bank And Trust Company, was the mortgagee of all twelve scows.

Defendant, The Hartford Fire Insurance Company,...

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