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UNITED STATES SMELT. REFIN. & M. CO. v. AETNA CAS. & SUR. CO.

No. 70 Civ. 5017.

372 F.Supp. 489 (1974)

UNITED STATES SMELTING REFINING AND MINING COMPANY, Plaintiff, v. AETNA CASUALTY AND SURETY COMPANY, Defendant.

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

March 26, 1974.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff; Robert W. Sweet, William P. Frank, Stanley A. Teitler, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant; Alfred J. Morgan, Jr., William P. Sullivan, Jr., New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

This is an action by an insured against its insurer to recover for the loss of more than six tons of gold and silver valued at $394,096.52. In the first cause of action of the amended complaint plaintiff United States Smelting Refining and Mining Company (now U.V. Industries, Inc.), seeks to recover $394,096.52, the claimed value of the gold and silver allegedly stolen by dishonest employees. Alternatively, in the...

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