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EASTERN TRANSPORTATION CO. v. UNITED STATES

No. 85, Docket 20357.

159 F.2d 349 (1947)

EASTERN TRANSPORTATION CO. v. UNITED STATES (two cases). THE J. P. HUPPMAN. THE JOAN KUNKEL.

Circuit Court of Appeals, Second Circuit.

January 20, 1947.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Max Taylor, Sp. Asst. to U. S. Atty., of New York City, of counsel), for respondent-appellant.

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

Before L. HAND, AUGUSTUS N. HAND and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a judgment recovered by the petitioner Eastern Transportation Company against the United States in an action brought under the Tucker Act, 28 U.S.C.A. § 41(20), to recover freight payable by the terms of a charter party entered into between the petitioner and the respondent, wherein it was provided that the petitioner's barge J. P. Huppman should transport from...

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