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ORE & CHEMICAL CORP. v. EAGLE STAR INS. CO.

No. 27, Docket 72-2103.

489 F.2d 455 (1973)

The ORE & CHEMICAL CORPORATION, Plaintiff-Appellant. v. EAGLE STAR INSURANCE COMPANY, LIMITED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 21, 1973.

Attorney(s) appearing for the Case

William R. Norfolk, New York City (Sullivan & Cromwell, New York City of counsel), for plaintiff-appellant.

Charles T. Weintraub, New York City (Weintraub & Fass, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, ANDERSON and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

At issue on this appeal is whether the loss of some 1,600 ounces of placer gold, stolen in an armed robbery carried out in a Sheridan, Wyoming, motel under conditions reminiscent of the days of Wild Bill Hickok, is covered under the "in transit" provisions of an All Risks Inland Marine Floater policy. Under the terms of the policy the Eagle Star Insurance Company, Limited ("Eagle Star") insured The Ore & Chemical Corporation ("Ore &...

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