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LENFEST v. COLDWELL

Nos. 54, 74, Dockets 74-2659, 74-2660.

525 F.2d 717 (1975)

Inez H. LENFEST and Marine Midland Grace Trust Company of New York, as Executors of the Estate of Harold C. Lenfest, and Kenneth F. Yarrington, Plaintiffs-Appellants, v. Harold W. COLDWELL, Defendant-Appellee. FERRO-BET CORPORATION OF AMERICA, Plaintiff-Appellant, v. Harold W. COLDWELL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 6, 1975.

Attorney(s) appearing for the Case

W. Shelby Coates, Jr., New York City (Wilbur E. Dow, Jr., New York City, of counsel), for plaintiffs-appellants in 74-2659.

Joseph D. Tarlowe, New York City, for plaintiff-appellant in 74-2660.

William Warner, New York City (Symmers, Fish & Warner, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, TIMBERS and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

This is an appeal from a decision by Judge Carter in the United States District Court for the Southern District of New York, denying plaintiffs any recovery on their "Anticipated Profits" marine insurance policy. Plaintiff Ferro-Bet Corporation was the time charterer of the vessel S.S. PANOCEAN from October, 1963 until sometime in the summer of 1964.1 Plaintiffs Lenfest...

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