Legal Opinion
Bunge Corporation v. The London and Overseas Insurance Co., the London and Overseas Insurance Co., Third-Party v. Brooks Banker, as Treasurer of American Express Company, Third-Partydefendant-Appellee
Court of Appeals for the Second Circuit
Decided May 6, 1968No. 32015_1PublishedCited by 28 opinions
1Opinion of the Court
394 F.2d 496
BUNGE CORPORATION, Plaintiff-Appellant,
v.
The LONDON AND OVERSEAS INSURANCE CO. et al., Defendants-Appellees.
The LONDON AND OVERSEAS INSURANCE CO. et al., Third-Party
Plaintiffs-Appellants,
v.
Brooks BANKER, as Treasurer of American Express Company,
Third-PartyDefendant-Appellee.
No. 354, Docket 32015.
United States Court of Appeals Second Circuit.
Argued March 19, 1968.
Decided May 6, 1968.
Philip C. Scott, New York City (Marc J. Luxemburg, Robert J. Paulus, and Dewey, Ballantine, Bushby, Palmer & Wood, New York City, on the brief), for Plaintiff-Appellant.
William Warner, New York City…
2Cases cited8 opinions
- Matter of Empire State Surety Co.New York Court of Appeals · 1915
- Cardinal v. State of New YorkNew York Court of Appeals · 1952
- In re the Arbitration between Vanguard Insurance & PolchlopekNew York Court of Appeals · 1966
- St. Paul Fire & Marine Insurance Co., and Third Party v. United States Lines Company, Third PartyCourt of Appeals for the Second Circuit · 1958
- American Surety Co. v. PalmerNew York Court of Appeals · 1925
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3Cited by28 opinions
- Ingersoll Milling Machine Co. v. M/V BodenaCourt of Appeals for the Second Circuit · 1987
- Rummel v. Lexington InsuranceNew Mexico Supreme Court · 1997
- In Re Joint Eastern and Southern District Asbestos Litigation (Two Cases). In Re Johns-Manville Corporation, Debtor (Two Cases). Bernadine K. Findley, as of the Estate of Hilliard Findley, Uma Lail Caldwell, as of the Estate of Odell Caldwell, Joseph C. Jones, James William Barnette, Jr., on Behalf of Themselves, and All Others Similarly Situated as Beneficiaries of the Manville Personal Injury Settlement Trust, Edward Lindley, Class, Future Leslie Gordon Fagen, as Legal Representative of Future on Behalf of Future of the Manville Personal Injury Settlement Trust and the Subclass of Present Maryland Plaintiffs-Intervenors-Appellees, United States Fidelity and Guaranty Company, Plaintiff-Intervenor-Appellant, Porter-Hayden Co., a Member of the Distributor Subclass, Intervenor-Appellant, Owens-Corning Fiberglass Corporation and Subclass 3, Consisting of All Beneficiaries of the Manville Trust Who, as Former Producers, Manufacturers, Distributors, And/or Installers of Asbestos and Asbestos-Containing Products, Have or May Have in the Future Contribution And/or Indemnification Claims Against the Manville Trust (Except for Those Distributors Whose Claims for Contribution And/or Indemnification Are Based on Their Distribution of Asbestos-Containing Products of Manville Corp. (The Manville Distributors Subclass), Shall Be Referred to as "The Co-Defendant Manufacturers Subclass", and Manville Distributor Subclass Representatives E.J. Bartells Co. And J.T. Thorpe Co., on Behalf of Themselves and the Manville Distributor Subclass, Claimants-Appellants, MacArthur Subclass, Claimant-Appellee v. Robert Falise, Louis Klein, Jr., Christian E. Markey, Jr., and Frank MacChiarola Not Individually but Solely in Their Capacities as Trustees of the Manville Personal Injury Settlement Trust, Donald M. Blinken, Daniel Fogel, Francis H. Hare, Jr., John C. Sawhill, Not Individually but Solely in Their Capacities as Trustees of the Manville Personal Injury Settlement Trust, Subclass 1, Consisting of the Distributors of Johns-Manville Products, Excluding MacArthur Co. And Its Affiliated Companies, Which Shall Be Referred to as "The Manville Distributors Subclass", Subclass 2, Consisting of MacArthur Company and Its Affiliated Companies, Which Shall Be Referred to as "The MacArthur Subclass", Subclass 3, Consisting of All Beneficiaries of the Manville Trust Who, as Former Producers, Manufacturers, Distributors, And/or Installers of Asbestos and Asbestos-Containing Products, Have or May Have in the Future Contribution And/or Indemnification Claims Against the Manville Trust (Except for Those Distributors Whose Claims for Contribution And/or Indemnification Are Based on Their Distribution of Asbestos-Containing Products of Manville Corp.) (The Manville Distributors Subclass), Shall Be Referred to as "The Co-Defendant Manufacturers Subclass", Subclass 4, Consisting of All Future Beneficiaries of the Manville Trust Who May File or Bring Asbestos Claims Against the Trust in the Future, Which Shall Be Referred to as "The Future Subclass." When a Claim is Filed or Brought the Person Bringing That Claim Will Shift From This Subclass to the Applicable Subclass Encompassing Present Against the Trust, Subclass 5, "Present Subclass", Subclass 6, "Pre-November, 1990 Judgments and Settlements Subclass", Claimants-Appellees, Subclass of Future Plaintiff-Intervenor-Appellee. Joseph F. Amato, Jr., Frank E. Beavers, Alvin J. Bowles, Jr., Leonard D. Brown, Raymond Butler, Grover Claytor, Ray H. Cook, Dorothy M. Cooper, Personal Representative of the Estate of Edmond Cooper, Julia Cornwell, Personal Representative of the Estate of George Allen Cornwell, Leonard S. Crawford, Frank Pierce Crosby, Jr., Helen M. Davis, Personal Representative of the Estate of Francis Davis, Frank Eberhardt, Jr., Douglas E. Ellinger, Elizabeth Finelli, Personal Representative of the Estate of Nicholas Finelli, Russell J. Garner, William L. Goulart, Sr., Clifton F. Hess, Rex E. Hollis, Reuben Hurst, Frank A. Keelan, Priscilla P. Killeen, Personal Representative of the Estate of James Killeen, Roger Liller, Tommy Junior Linkous, Harrison O. McLeod Ray Merrill, John W. Myers, Myrtle v. Pessagno and Barbara Wrenn, Personal Representatives of the Estate of Elwood T. Pessagno, Carl Poore, Bob A. Reed, Samuel Saylor, Richard P. Stepp, Richard H. Stuart, Anna Sugrue, Personal Representative of the Estate of John N. Sugrue, Harold E. Tewell, David A. Thomas, Donald Thompson, Stanley Lee Ward, James M. Whittles, James E. Wilson and Whitney L. Winegard, Claimants-Appellants v. Subclass 1, Consisting of the Distributors of Johns-Manville Products, Excluding MacArthur Co. And Its Affiliated Companies, Which Shall Be Referred to as "The Manville Distributors Subclass", Owens-Corning Fiberglass Corporation and Subclass 3, Consisting of All Beneficiaries of the Manville Trust Who, as Former Producers, Manufacturers, Distributors, And/or Installers of Asbestos and Asbestos-Containing Products, Have or May Have in the Future Contribution And/or Indemnification Claims Against the Manville Trust (Except for Those Distributors Whose Claims for Contribution And/or Indemnification Are Based on Their Distribution of Asbestos-Containing Products of Manville Corp.) (The Manville Distributors Subclass), Shall Be Referred to as "The Co-Defendant Manufacturers Subclass", and Manville Distributor Subclass Representatives E.J. Bartells Co. And J.T. Thorpe Co., on Behalf of Themselves and the Manville Distributor Subclass, Claimants-AppelleesCourt of Appeals for the Second Circuit · 1996
- Gibbs M. Smith, Inc. v. United States Fidelity & Guaranty Co.Utah Supreme Court · 1997
- Luria Brothers & Company, Inc. v. Alliance Assurance Co., Ltd.Court of Appeals for the Second Circuit · 1986
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