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ATLANTIC TRANSPORT CO. v. DURNING

21 F.Supp. 591 (1937)

ATLANTIC TRANSPORT CO. v. DURNING, Collector of Customs.

District Court, S. D. New York.

December 20, 1937.

Attorney(s) appearing for the Case

John M. Lyons, of New York City (Roger O'Donnell, of Washington, D. C., 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.

BYERS, District Judge.

This is an action at law in which the plaintiff as charterer of the steamship Pennsylvania seeks to recover the sum of $1,000.00 which it paid to the Collector of Customs of the Port of New York in July of 1934 in order to obtain clearance of that vessel.

The facts have been stipulated and the cause was tried before a jury of one. The following, taken from the stipulation, can serve as findings of fact:

"1. The plaintiff is a...

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