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CONTINENTAL INSURANCE CO. OF NEW YORK v. SHERMAN

No. 29600.

439 F.2d 1294 (1971)

CONTINENTAL INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellee, v. Robert SHERMAN, Third-Party Plaintiff-Appellee, v. COATES & DORSEY, INC., Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 29, 1971.

Attorney(s) appearing for the Case

Jeanne Heyward, Talburt, Kubicki & Vogler, Aubrey L. Talburt, Miami, Fla., for appellant.

Smathers & Thompson, Miami, Fla., William C. Lewis, Jr., for Continental Ins. Co.

Stanley Haves, William C. Lewis, Jr., Miami, Fla., for Robert Sherman.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied April 29, 1971.

MORGAN, Circuit Judge:

This is an appeal from a judgment based on a jury verdict for the plaintiff in a third-party action brought by Robert Sherman against Coates & Dorsey, Inc., the agent of the Continental Insurance Company of New York, to recover for damages sustained to the schooner Penida on the ground that Coates & Dorsey negligently caused the issuance of a policy of marine...

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