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B. TURECAMO TOWING CORPORATION v. UNITED STATES

No. 162.

125 F.2d 1001 (1942)

B. TURECAMO TOWING CORPORATION v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 6, 1942.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Myron H. Avery, Sp. Asst. to U. S. Atty., of Washington, D. C., of counsel), for the United States.

Foley & Martin, of New York City (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

B. Turecamo Towing Corporation brought its petition under the Tucker Act, 28 U.S.C.A. § 41(20), in the Admiralty of the District Court for the Eastern District of New York to recover a stated balance claimed to be due it from the United States on a towing contract made with the latter and performed by the petitioner.

The respondent answered admitting the making of the contract; an attempt by the petitioner to perform; and a partial...

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