GRAIN IMPORTERS v. UNITED STATES

No. 918.

44 F.Supp. 569 (1942)

GRAIN IMPORTERS (EIRE) LIMITED v. UNITED STATES et al.

District Court, D. Massachusetts.

April 9, 1942.


Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City, Putnam, Bell, Dutch & Santry and Charles F. Dutch, all of Boston, Mass., for libellant.

Bingham, Dana & Gould and Albert T. Gould, all of Boston, Mass., for Dampskibsselsk A F 1912 A/S specially.

Edmund J. Brandon, U. S. Atty., and Gerald J. McCarthy, Asst. U. S. Atty., both of Boston, Mass., for United States.

Fitz-Henry Smith, Jr., of Boston, Mass., for Sivewright, Bacon & Co., and Lambert Bros., Limited.


FORD, District Judge.

On April 1, 1940, a cargo of corn consigned to the libellant was placed on board the Danish ship Rita Maersk then lying at Philadelphia, Pennsylvania, for transportation to the Port of Waterford, Eire. Due to conditions arising from the war which may or may not have justified the action, the Rita Maersk deviated from her voyage to Eire and instead transported her cargo to Boston.

On June 13, 1940, the libellant filed a libel in this court...

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