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MESECK TOWING LINES v. EXCESS INS. CO.

No. 17831.

77 F.Supp. 790 (1948)

MESECK TOWING LINES, Inc., et al. v. EXCESS INS. CO., LIMITED, et al.

District Court, E. D. New York.

May 14, 1948.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and John H. Hanrahan, Jr., both of New York City, of counsel), for libelants.

Mendes & Mount, of New York City (Russell T. Mount and Wilbur H. Hecht, both of New York City, of counsel), for respondents.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y., and Edward L. Smith, Sp. Asst. to Atty. Gen., amici curiae.

GALSTON, District Judge.

The question to be determined in this case is the interpretation to be given to a policy of insurance issued by the respondents covering the Frederick E. Meseck, a tug owned by the Meseck Towing & Transportation Co., Inc., in respect to all loss and damage sustained by the tug through any and all risks, perils or dangers of the seas, bays, harbors, rivers, etc., and also to such liability as the assured would incur by reason of damages...

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