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AETNA INSURANCE COMPANY v. UNITED STATES

No. 281-52.

162 F.Supp. 442 (1958)

ÆTNA INSURANCE COMPANY (1), Glens Falls Insurance Company (2), Home Insurance Company (3), Institute of London Underwriters (4), Mutual Fire Marine & Inland Insurance Company, (5), Pearl Assurance Company, Limited, (6), Sun Insurance Office, Limited, (7), The Pennsylvania Railroad Company (8) v. UNITED STATES.

United States Court of Claims.

June 4, 1958.

Attorney(s) appearing for the Case

Richard T. Graham, New York City, for plaintiffs Nos. 1-7. Paul F. McArdle, Washington, D. C., for plaintiff 8, was on the brief.

Benjamin H. Pester, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief.

PER CURIAM.

The insurance companies seek a rehearing on the ground that the money referred to in the opinion of March 5, 1958, in this case, as received from its own insurers was received by the Pennsylvania "as a loan and repayable only to the extent of any net recovery we may make from any person or persons, corporation or corporations, on account of loss by derailment to our property on or about July 25th, 1949, or from any insurance effected by such person or...

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