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

Civ. No. 755.

36 F.Supp. 190 (1940)

NEW YORK & PORTO RICO S. S. CO., and Waterman S. S. Co., Plaintiffs, v. UNITED STATES of America and United States Maritime Commission, Defendants.

District Court, E. D. New York.

October 10, 1940.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City, for plaintiff.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (William E. Collins, of New York City, Sp. Asst. to U. S. Atty., and District Counsel, U. S. Maritime Commission, of counsel), for defendants.

BYERS, District Judge.

Motion for rehearing granted; and such rehearing being had, the motion to dismiss is granted, this Court being constrained to that decision by the memorandum of the Circuit Court of Appeals, 2 Cir., 116 F.2d 799, denying the application for prohibition.

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