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THEBES SHIPPING, INC. v. ASSICURAZIONI AUSONIA SPA

Nos. 78 Civ. 1186 (IBW), 78 Civ. 4099 (IBW).

599 F.Supp. 405 (1984)

THEBES SHIPPING, INC., as Owner and Armco Financial Corporation AG., as Mortgagee of S.T. ARGO MERCHANT, Plaintiffs, v. ASSICURAZIONI AUSONIA SPA, Defendant. THESSALY SHIPPING, INC. and Spartan Shipping Inc., as Owners of M/V ARGO POLLUX and M/T ARGO TRADER, respectively, and Armco Financial Corporation AG., as Mortgagee of the Vessels, Plaintiffs, v. ASSICURAZIONI AUSONIA SPA, Defendant.

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

August 2, 1984.

Attorney(s) appearing for the Case

Burlingham, Underwood & Lord, New York City, for plaintiffs; Joseph C. Smith, Terry L. Stoltz, New York City, of counsel.

Carro, Spanbock, Fass, Geller, Kaster & Cuiffo, New York City, for defendant; Kenneth A. Lapatine, Mark H. Budoff, Vincent Lipari, New York City, of counsel.

OPINION

WYATT, District Judge.

This is the decision in these two actions, tried to the Court without a jury. The two actions are by owners and a mortgagee of three ships, to recover on policies of marine insurance for damage to those ships. The first action was commenced on March 16, 1978, the second on August 30, 1978. They were first assigned to Judge Frankel, then on October 25, 1978, they were reassigned to Judge Owen, then on December 17, 1982, they...

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