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LEXINGTON INSURANCE CO. v. SEABOARD AIR LINE R. CO.

Civ. A. No. 59-425-W.

182 F.Supp. 523 (1960)

LEXINGTON INSURANCE COMPANY v. SEABOARD AIR LINE RAILROAD COMPANY.

United States District Court D. Massachusetts.

April 14, 1960.

Attorney(s) appearing for the Case

John R. Hally, Nutter, McClennen & Fish, Robert W. Meserve, Lawrence B. Urbano, Charles N. Gregg, Jr., Boston, Mass., for plaintiff.

Charles C. Cabot, Herrick, Smith, Donald, Farley & Ketchum, Harold M. Willcox, Boston, Mass., for defendant.

WYZANSKI, District Judge.

This Court's diversity jurisdiction is invoked by a Delaware corporation seeking a declaratory judgment against a Virginia corporation. Plaintiff as insurer entered into a contract of insurance in Massachusetts on January 10, 1958 with defendant as the insured. The contract is for what is popularly called wreck insurance, that is insurance to indemnify a railroad against liabilities for damage to freight cars and their contents caused by...

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