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EASTERN MARINE & FIRE INS. CO. v. S. S. COLUMBIA

No. 68 Civ. 4798.

411 F.Supp. 926 (1976)

The EASTERN MARINE & FIRE INSURANCE COMPANY, Plaintiff, v. S. S. COLUMBIA, her engines, boilers, etc., et al., Defendants. OGDEN SEA TRANSPORT, INC., as successor to Sea Transport, Inc., Third-Party Plaintiff, v. John Pemberton MOSSE, an Underwriter at Lloyd's, and Indemnity Marine Assurance Co., Ltd., Third-Party Defendants.

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

February 26, 1976.

Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for plaintiff and third-party defendants by Alan S. Loesberg, Richard H. Webber, New York City, of counsel.

Burlingham, Underwood & Lord, New York City, for defendants and third-party plaintiffs by Joseph C. Smith, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

The ship's rudder fell off in the middle of the Indian Ocean.

This occurrence happened under conditions to be expected in that place at that time of the year. (These conditions will be more specifically set forth hereinafter.)

The owner declared a general average.

The plaintiff, Eastern Marine and Fire Insurance Company (hereinafter referred to as "Eastern") seeks to recover from the owners...

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