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  5. 852 F.2d 38 (1988)
 

N.Y. CROSS HARBOR R.R. TERMINAL CORP. v. ATLANTIC MUT. INS. CO.

No. 620, Docket 87-7773.

852 F.2d 38 (1988)

NEW YORK CROSS HARBOR RAILROAD TERMINAL CORP., Appellant, v. ATLANTIC MUTUAL INSURANCE CO., Appellee.

United States Court of Appeals, Second Circuit.

Decided June 14, 1988.

Attorney(s) appearing for the Case

Thomas L. Tisdale, New York City (Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, Peter J. Zambito, New York City, of counsel), for appellant.

John T. Kochendorfer, New York City (Bigham, Englar, Jones & Houston, Donald T. Rave, Jr., New York City, of counsel), for appellee.

Before OAKES, NEWMAN and MINER, Circuit Judges.

OAKES, Circuit Judge:

This case involves the liability of an insurer on a marine protection and indemnity insurance policy covering a barge fitted for the carriage of railcars where, under federal law, the insured is deemed a "railroad" governed by the Interstate Commerce Commission ("ICC"). In November 1984 the unfortunate barge sank alongside Pier 1 at the Brooklyn Army Terminal with fifteen cargo-filled railcars on it.

The case presents a potential conflict...

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