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DEXTER & CARPENTER CO. v. UNITED STATES

13 F.2d 498 (1926)

DEXTER & CARPENTER CO., Inc., v. UNITED STATES. UNITED STATES v. DEXTER & CARPENTER CO., Inc. THE ALA.

District Court, S. D. New York.

June 19, 1926.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Clarence Bishop Smith, of New York City, of counsel), for libelant.

Emory R. Buckner, U. S. Atty., of New York City (Horace T. Atkins, Sp. Asst. Atty. Gen.), for the United States.

WINSLOW, District Judge.

This is an action in admiralty. Dexter & Carpenter Company, Inc., the libelant, chartered the steamship Ala from the United States, hereinafter referred to as the owner, to carry coal from Newport News to Great Britain. The charter, among other things, contained the clause: "Owners guarantee to sail vessel on or before June 30, 1921." The vessel did not sail before June 30, 1921, and the action is brought by the libelant for damages for...

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