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UNITED STATES v. KEMMERER

No. 145.

7 F.2d 184 (1924)

UNITED STATES v. KEMMERER et al.

District Court, E. D. Pennsylvania.

November 25, 1924.

Attorney(s) appearing for the Case

Harold F. Birnbaum, of Brighton, Mass., and Arthur M. Boal, of Washington, D. C., for libelant.

Otto Wolff, Jr., Alfred G. Baker Lewis, and John F. Lewis, all of Philadelphia, Pa., for respondents.

McKEEHAN, District Judge.

This is a libel by the United States of America, as owner of the steamship Cœur D'Alene, against Whitney & Kemmerer, to recover demurrage alleged to have been earned in the port of Philadelphia in February, 1922; the amount claimed being $28,141.95, together with interest and costs. Under a written contract of affreightment between the parties, dated January 26, 1920, the libelant agreed to carry a cargo of coal for the respondents...

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