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AETNA INS. CO. v. HENRY DU BOIS SONS CO.

53 F.Supp. 516 (1943)

AETNA INS. CO. et al. v. HENRY DU BOIS SONS CO. et al.

District Court, S. D. New York.

October 13, 1943.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Ray Rood Allen, of New York City, of counsel), for plaintiffs.

Purdy & Lamb, of New York City (Edmund F. Lamb, of New York City, of counsel), for defendants.

GODDARD, District Judge.

The plaintiffs and the defendants have moved by motion and cross motion respectively for a declaratory judgment pursuant to Section 274d of the Judicial Code, 28 U.S.C.A. § 400.

The defendant Henry DuBois Sons Company [hereinafter referred to as DuBois] in its business of dredging contractors own and operate the tug Ariosa and the dump scow D 22.

On March 28, 1938, plaintiffs severally, not jointly, and in various percentages...

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