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LANCASHIRE SHIPPING CO. v. DURNING

21 F.Supp. 588 (1937)

LANCASHIRE SHIPPING CO., Limited, v. DURNING, Collector of Customs.

District Court, S. D. New York.

November 29, 1937.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for defendant.

GODDARD, District Judge.

The plaintiff and the defendant each have moved for summary judgment under rule 113 of the Rules of the Civil Practice Act of the state of New York.

Plaintiff's suit was brought to recover the sum of $5,000 which it deposited with the defendant on January 3, 1936, in order to obtain clearance for its vessel, the Raby Castle. This $5,000 had been demanded by the defendant as a deposit to cover a possible fine of that amount because...

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