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BERGREN v. DAVIS

Civ. No. 11816.

287 F.Supp. 52 (1968)

Leah Davis BERGREN, Plaintiff, v. Robert James DAVIS and the OIL SCREW called ACADIA (Official #286995) her engines, tackle, apparel, appurtenances, gear, equipage, furniture, etc., Defendants, and Andrew Verderame and Walter Heck, Intervening Defendants.

United States District Court D. Connecticut.

July 2, 1968.

Attorney(s) appearing for the Case

R. William Bohonnon, of Bohonnon & Barnett, New Haven, Conn., for plaintiff.

James O'Connor Shea, New Haven, Conn., for defendants.

Allan H. Duffy and Marc A. Wallman, of Brenner, Susman, Duffy & Gill, for intervening defendants.

TIMBERS, Chief Judge.

QUESTION PRESENTED

Plaintiff, Leah Davis Bergren, having brought this action to foreclose a preferred ship mortgage pursuant to the Ship Mortgage Act of 1920, 46 U.S.C. § 911 et seq., now moves for summary judgment. Intervening defendants, Andrew Verderame and Walter Heck, oppose the motion and move for leave to file an amended answer alleging failure of consideration as an affirmative defense. The principal question posed by these...

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