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UNITED STATES LINES COMPANY v. UNITED STATES

No. 76, Docket 28286.

324 F.2d 97 (1963)

UNITED STATES LINES COMPANY, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 8, 1963.

Attorney(s) appearing for the Case

Louis J. Gusmano, New York City (Kirlin, Campbell & Keating, New York City, on the brief), for libelant-appellant.

Richard S. Salzman, Department of Justice, Washington, D. C. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, John W. Douglas, Asst. Atty. Gen., New York City, Alan S. Rosenthal, Department of Justice, Washington, D. C., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and MEDINA and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

Appellant, the United States Lines Company, prosecutes this appeal from a judgment of the United States District Court for the Southern District of New York which dismissed its libel brought against the United States to recover earned freight on westbound shipments from the United Kingdom of automobiles owned by military personnel.

Appellant contends that the shipments in dispute are governed by the terms of a contract, referred to as...

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