CONNERS MARINE CO. v. PETTERSON LIGHTERAGE & TOW. CORP.

No. 84.

152 F.2d 657 (1945)

CONNERS MARINE CO., Inc., v. PETTERSON LIGHTERAGE & TOWING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

December 21, 1945.


Attorney(s) appearing for the Case

Edmund F. Lamb, Thomas J. Irving, and Purdy & Lamb, all of New York City, for Conners Marine Co. Inc.

Robert S. Erskine, John F. Gerity, and Kirlin, Campbell, Hickox & Keating, all of New York City, for Petterson Lighterage & Towing Corporation.

Vincent A. Catoggio and John F. X. McGohey, U. S. Atty., both of New York City, for the United States.

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


PER CURIAM.

In our opinion disposing of the merits we held the United States liable to the Petterson Company, not in the admiralty, but under the Tucker Act, § 41(20), Title 28, U.S.C.A., and the Petterson Company now asks for costs in this court under § 258, Title 28, U.S.C.A. That statute limits costs in a proceeding under the Tucker Act to the amounts "actually incurred for witnesses and for summoning the same and fees paid to the clerk of the court"...

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