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ED & FRED, INC. v. PURITAN MAR. INS. U. CORP.

No. 73-3884.

506 F.2d 757 (1975)

ED AND FRED, INC., Plaintiff-Appellee, v. PURITAN MARINE INSURANCE UNDERWRITERS CORP. et al., Defendants, Mid Atlantic Insurance Company, Ltd., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 1975.

Attorney(s) appearing for the Case

James A. Dixon, Jr., Miami, Fla., Albert D. Jordan, Elliot Paskoff, New York City, for defendant-appellant.

Gerald M. Walsh, Fort Lauderdale, Fla., for Baldwin Ins. Agency.

Kneeland, Splane & Kydd, Boston, Mass., for Puritan.

Reginald M. Hayden, Jr., Miami, Fla., for plaintiff-appellee.

Before TUTTLE, RONEY and GEE, Circuit Judges.

GEE, Circuit Judge:

Ed and Fred brought suit to collect on a policy of marine insurance covering the barge PUTNAM, sunk in the Atlantic in 1972. The defendants were Puritan Marine Insurance Underwriters and Mid-Atlantic Insurance Company, Ltd. Puritan took a default judgment; Mid-Atlantic was found liable on the policy on the basis of actual or, in the alternative, apparent authority given the agent Puritan. Mid-Atlantic appeals, contending that Puritan lacked any...

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