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SCHADE v. NATIONAL SURETY CORPORATION

186 F.Supp. 423 (1960)

A. A. SCHADE, doing business as Schade & Company, Libelant, v. NATIONAL SURETY CORPORATION and Continental Insurance Company, Respondents.

United States District Court S. D. New York.

March 22, 1960.

Attorney(s) appearing for the Case

Hills, Betts & Nash, New York City, for libelant (Donald B. Allen, New York City, of counsel).

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for respondents (J. Edwin Carey, New York City, Alan S. Loesberg, New York City, of counsel).

MURPHY, District Judge.

This is a proceeding in the admiralty by the General Average Adjuster on behalf of the hull underwriters and on his own behalf against the cargo underwriters to recover contribution in general average. Respondents' underwriters contest the validity and propriety of the claimed general average, the computations thereof, and their liability under general average guarantees issued in consideration of delivery of the cargo.

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