COLLEGE POINT DRY., ETC. v. NATIONAL U. FIRE I. CO.

No. 71 Civ. 795.

392 F.Supp. 277 (1974)

COLLEGE POINT DRYDOCK & SUPPLY CO., INC., et al., Plaintiffs, v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA, Defendant.

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

October 22, 1974.


Attorney(s) appearing for the Case

McHugh, Heckman, Smith & Leonard, New York City, for plaintiffs; by Martin J. McHugh, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant; by Joseph J. Magrath, 3rd, New York City, of counsel.


OPINION

KEVIN THOMAS DUFFY, District Judge.

This admiralty case involves the sinking of the plaintiff's barge "UBC No. 5" on January 23 or 24, 1970. The defendant had issued a marine policy of insurance covering the barge against a total loss or constructive total loss as well as "sue and labor" expenses resulting from certain enumerated perils set forth in the policy.

About two weeks prior to her sinking, the UBC No. 5 had been in drydock for repairs...

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