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FIREMAN'S FUND INSURANCE COMPANY v. U. S. ARMY LST 34

132 F.Supp. 414 (1955)

FIREMAN'S FUND INSURANCE COMPANY, Libelant, v. The U. S. ARMY LST 34, her engines, boilers, etc., and United States of America (United States Army, Department of Defense), Respondent.

United States District Court S. D. New York.

February 24, 1955.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, proctors for libelant, by Yorkston W. Grist, Elmhurst, N. Y., of counsel.

J. Edward Lumbard, U. S. Atty. for the S. Dist. of N. Y., by William H. Postner, New York City, of counsel, proctor for respondent.

PALMIERI, District Judge.

This is a libel against the United States under the Public Vessels Act, 46 U.S.C. § 781 et seq., for loss and damage to cargo resulting from the alleged negligent stranding of the U. S. Army LST 34 at the Ryukyus Islands in January 1949. Libelant is asserting the claim of its subrogor, Yu Kimteng Construction Corporation, to which it issued its policy of insurance. Yu Kimteng, a Philippine company, entered into a contract with the U...

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