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IN RE PRUDENTIAL LINES, INC.

Bankruptcy No. 86-11773, Adv. No. 90-6830A.

148 B.R. 730 (1992)

In re PRUDENTIAL LINES, INC., Debtor. Lee DICOLA, Trustee of the PLI Disbursement Trust, Plaintiff, v. AMERICAN STEAMSHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION, INC., Defendant.

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

December 10, 1992.

Attorney(s) appearing for the Case

L.C. Jaques, and A. Kellman, The Maritime Asbestosis Legal Clinic, Detroit, MI, for plaintiff-intervenors Asbestosis claimants ("Asbestosis claimants" or "claimants").

R.H. Brown, and J. Pratt, Kirlin, Campbell & Keating, New York City, for defendant American S.S. Owners Protection and Indem. Ass'n, Inc. ("American Club" or "Club").

MEMORANDUM OF DECISION ON SUMMARY JUDGMENT AND 11 U.S.C. § 553

FRANCIS G. CONRAD, Bankruptcy Judge.*

Trustee commenced this declaratory action1 under 28 U.S.C. §§ 2201, 2202 and Federal Rules of Bankruptcy Procedure 7001(9) to determine coverage under various marine protection and indemnity insurance policies ("P & I policies"). The defendant...

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