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THE ARIZPA

No. 3406.

63 F.2d 42 (1933)

THE ARIZPA. UNITED STATES v. CONSOLIDATION COAL CO.

Circuit Court of Appeals, Fourth Circuit.

January 31, 1933.

Attorney(s) appearing for the Case

Myron H. Avery, Admiralty Atty., U. S. Shipping Board, of Washington, D. C. (Simon E. Sobeloff, U. S. Atty., and J. K. Cullen, Asst. U. S. Atty., both of Baltimore, Md., on the brief), for the United States.

W. Ainsworth Parker, of Baltimore, Md. (Brune, Parker, Carey & Gans, of Baltimore, Md., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

The decree of the District Court dismissed as insufficient a libel in personam brought by the United States as owner of the steamship Arizpa in admiralty against the Consolidation Coal Company to recover demurrage incurred in the discharge of the vessel at Civita Vecchia, Italy. The libel shows that on May 23, 1929, at New York, the United States entered into a charter party with the coal company whereby the ship was hired for the carriage of...

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