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SCHNELL v. UNITED STATES

No. 17119.

69 F.Supp. 877 (1946)

SCHNELL et al. v. UNITED STATES. THE ILLAPEL.

District Court, E. D. New York.

October 7, 1946.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Reid, Cunningham & Freehill and William J. Tillinghast, Jr., all of New York City, of counsel), for respondent in support of exceptions.

Joffe & Joffe and Joseph Joffe, all of New York City, for libelants.

KENNEDY, District Judge.

Respondent excepts to a libel filed in this Court on June 26, 1944. In substance, the libel under attack alleges a claim against the United States "as owner of the steamship `Illapel'", based upon the fact that a cargo of melons and onions, which arrived in the port of New York on that steamship on May 15, 1944, was discharged in defective condition as a result, so it is said, of the negligence of the ship in respect to loading, stowing, custody...

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