UNITED STATES v. GRAIN IMPORTERS

No. 3992.

144 F.2d 921 (1944)

UNITED STATES v. GRAIN IMPORTERS (EIRE), Limited, et al.

Circuit Court of Appeals, First Circuit.

August 25, 1944.


Attorney(s) appearing for the Case

J. Frank Staley, of Washington, D. C., Francis M. Shea, Asst. Atty. Gen., and Arnold W. Knauth, Sp.Asst. to Atty. Gen. (Edmund J. Brandon, U. S. Atty., and George F. Garrity and Gerald J. McCarthy, Asst. U. S. Attys., all of Boston, Mass., of counsel), for appellant.

George deF. Lord, of New York City (Lord, Day & Lord, of New York City, Charles F. Dutch, and Putnam, Bell, Dutch & Santry, all of Boston, Mass., and Helen H. Robinson, of New York City, of counsel), for Grain Importers (Eire), Limited, appellee.

Albert T. Gould, of Boston, Mass. (Bingham, Dana & Gould, of Boston, Mass., and Wharton Poor, and Haight, Griffin, Deming & Gardner, and James McKown, Jr., all of New York City, of counsel), for Dampskibsselskabet af 1912.

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

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.


WOODBURY, Circuit Judge.

This is an appeal by the United States from a final decree of the court below ordering present payment to Grain Importers (Eire), Limited, appellee, of $57,500 out of a fund of $200,000 deposited with the Treasurer of the United States as compensation for the Danish motor vessel Rita Maersk.

In brief the facts are as follows: On or about April 1, 1940, the Rita Maersk, owned by Dampskibsselskabet...

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