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ATLAS ASSURANCE CO., LTD., OF LONDON v. THE CUPID

No. 3213-KA.

108 F.Supp. 590 (1952)

ATLAS ASSURANCE CO., LTD., OF LONDON, ENGLAND v. THE CUPID et al.

District Court, Alaska. First Division, Ketchikan.

December 3, 1952.

Attorney(s) appearing for the Case

Ernest E. Bailey, of Stump & Bailey, Ketchikan, Alaska, for petitioner.

C. L. Cloudy, of Ziegler, King & Ziegler, Ketchikan, Alaska, for respondent.

FOLTA, District Judge.

The libelant, as subrogee, seeks to recover $6218.19 paid by it under a policy of insurance for repairs to the Motorship Tyee necessitated by damages sustained in a collision with the respondent, the Motorship Cupid. The claimant, alleging in his crosslibel that the Tyee was at fault, seeks to recover damages in the sum of $5650.

The collision occurred about midnight of April 24, 1950, on a clear night with fair visibility, in Tongass...

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