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CHARLES J. KING, INC. v. UNITED STATES F. & G. CO., BALTIMORE, MD.

No. 64 Civ. 431.

264 F.Supp. 703 (1967)

CHARLES J. KING, INC., Plaintiff, v. UNITED STATES FIDELITY AND GUARANTEE COMPANY, BALTIMORE, MARYLAND, Orion Insurance Co., Ltd., London & Overseas Insurance Co., Ltd., Members and Subscribing Underwriters of the Institute of London Underwriters Lloyd's London and the Subscribing Underwriters in Syndicates Numbered 933, 418, 108, 335, 764, 239, 450, 999, 213, 203, 66, 299, 185, 632, 633, 368 and 304, Members of Lloyd's London, Defendants.

United States District Court S. D. New York.

March 1, 1967.

Attorney(s) appearing for the Case

Macklin, Hanan & McKernan, New York City, for plaintiff (Timothy Hanan and Wellington M. Watters, New York City, of counsel).

Alexander, Ash & Schwartz, New York City, for defendant United States Fidelity & Guarantee Co. (Sidney A. Schwartz, New York City, of counsel).

Symmers, Fish & Warner, New York City, for defendant Orion Ins. Co., Ltd., and others (William Warner, New York City, of counsel).

RYAN, District Judge.

Three actions were before the Court for trial—two of them, filed as Libels in Admiralty 62 A.D. 138 and 62 A.D. 813, were consolidated and tried together first by the Court, for the decision reached in them would determine whether a trial of the third action (64 Civil 431) was necessary. We rendered our decision on the first two libels (and have since made formally stated findings) and proceeded to try the third Action (64 Civil 431),...

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