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NEW YORK & PORTO RICO S. S. CO. v. UNITED STATES

No. 56.

29 F.2d 1014 (1928)

NEW YORK & PORTO RICO S. S. CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 10, 1928.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Charles Burlingham and William J. Dean, both of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (Edgar G. Wandless and H. F. Birnbaum, Sp. Asst. U. S. Atty., both of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The suit is on a requisition charter, whereby the defendant agreed to reimburse the plaintiff, as owner of the steamship Brazos, for "any proper increases in wages and bonuses over the standard prevailing August 1, 1917, for master, officers and crew."

On October 12, 1917, the defendant requisitioned the use of the Brazos, and thereafter employed the plaintiff to operate her under a requisition time charter, adopted by the...

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