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HARTFORD FIRE INS. CO. v. CALLANAN MARINE CORP.

No. 69 Civ. 1245.

389 F.Supp. 436 (1973)

The HARTFORD FIRE INSURANCE COMPANY, Plaintiff, v. The CALLANAN MARINE CORP., Defendant and Third-Party Plaintiff, v. BRONX TOWING LINE, INC., Third-Party Defendant.

United States District Court, S. D. New York,

January 7, 1973.

Attorney(s) appearing for the Case

Donovan, Donovan, Maloof & Walsh, New York City, for plaintiff by Charles C. Goodenough, New York City, of counsel.

McHugh, Heckman, Smith & Leonard, New York City, for defendant and third-party plaintiff by Maurice F. Beshlian, New York City, of counsel.

Poles, Tublin, Patestides & Stratakis, New York City, for third-party defendant by Edward F. Gerace, New York City, of counsel.

WHITMAN KNAPP, District Judge.

On June 26, 1967, a portion of brick being shipped by plaintiff's subrogor (hereinafter referred to in the interest of clarity as "plaintiff" even where the reference is to the shipper rather than to its insurer) from Beacon, New York to Newton Creek, New York, fell overboard from the barge Starr 45 while the barge was progressing in the vicinity of the East River and 34th Street.

On October 31, 1967, the same fate befell a second...

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