UNITED STATES
v.
JOHN B. SEMPLE AND COMPANY, A FORMER PENNSYLVANIA CORPORATION, BY ITS DIRECTORS, JOHN B. SEMPLE ET AL.

U.S. | 1926-10-11
No. 408
273 U.S. 698 Supreme Court of the United States (1926) Caution
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  • …s action of the sea,” and therefore within the scope of the “Perils” clause. Appellee cites us to Continental Ins. Co. v. Patton Tully Transp. Co., 212 F. 2d 543 (5th Cir., 1954) and Western Assur. Co. v. Shaw, 11 F. 2d 495 (3d Cir.), cert. denied, 273 U.S. 698, 47 S.Ct. 93, 71 L.Ed. 846 (1926), which contained language to the effect that ordinary swells are not perils of seas or harbors within the meaning of marine insurance policies. The passages relied on by appellee contain alternate holdings at best,…

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