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CLEARY BROS., INC. v. BOSTON INSURANCE COMPANY

No. 20781.

177 F.Supp. 807 (1959)

CLEARY BROS., INC., Cross-Libellant, v. BOSTON INSURANCE COMPANY, Cross-Respondent.

United States District Court E. D. New York.

September 25, 1959.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for cross-libellant, Edward J. Ryan, New York City, of counsel.

Macklin, Speer, Hanan & McKernan, New York City, for cross-respondent. Maurice F. Beshlian, New York City, of counsel.

BYERS, District Judge.

These exceptions bring into question the legal sufficiency of a cross-libel filed June 12, 1959 in view of the lapse of time after July 25, 1951 (nearly eight years) when the cause is alleged to have arisen, and the said filing date.

The original cause bears the file number A-20223, and has to do with the failure of this cross-libellant Cleary Bros., to deliver a cargo of coal, the property of C. H. Sprague, Inc., laden at Pier 18, C...

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