BENNETT DAY IMPORTING CO. v. UNITED STATES


8 F.2d 83 (1923)

BENNETT DAY IMPORTING CO. v. UNITED STATES et al.

District Court, S. D. New York.

May Term, 1923.


Attorney(s) appearing for the Case

Herbert Goldmark, of New York City, for plaintiff.

William Hayward, U. S. Atty. and Benn Barber and A. H. Stetson, Sp. Assts. U. S. Atty., all of New York City, for defendants.


KNOX, District Judge.

The complaints in the above-entitled actions, with the exception of the amount claimed as damages for the alleged defaults of the defendants, are substantially the same. In each case the amount sought to be recovered is less than $10,000. The alleged liability of the United States is predicated upon the provisions of the Tucker Act (24 Stat. 505).

The basis of the suits are that plaintiff shipped from Constantinople to New York City,...

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