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WILLARD SUTHERLAND & CO. v. UNITED STATES

8 F.2d 358 (1924)

WILLARD SUTHERLAND & CO., Inc., v. UNITED STATES.

District Court, S. D. New York.

May 19, 1924.

Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating and Cletus Keating, all of New York City, for libelant.

William Hayward, U. S. Atty., of New York City, John R. Stewart, of Watervliet, N. Y., and John Kennedy White, of Buffalo, N. Y., for the United States.

WARD, Circuit Judge.

March 1, 1921, a libel was filed to recover from the United States a balance due for coal supplied to the steamer Eastern Mariner June 19, 1920.

Article 3 is as follows: "Third. The libelant elects to have this suit proceed in accordance with the principles applicable to libels in rem pursuant to the act of Congress approved March 9, 1920, entitled `An act authorizing suits against the United States in admiralty, suits for salvage services...

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