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BALBOA SHIPPING CO. v. STANDARD FRUIT & STEAMSHIP CO.

85 F.Supp. 312 (1949)

BALBOA SHIPPING CO., Inc., v. STANDARD FRUIT & STEAMSHIP CO. et al.

United States District Court S. D. New York.

July 6, 1949.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, New York City (Eugene Underwood, Hervey C. Allen, Jr., of counsel), New York City, for libelant.

John F. X. McGohey, United States Attorney, New York City, Alfred T. Cluff, Special Assistant to the United States Attorney General, for respondent United States of America.

RIFKIND, District Judge.

The second amended libel filed on July 30th, 1945, asserted a claim for the stranding of the Maravi on October 12, 1942. It alleged:

"The stranding aforesaid and the consequent damage were not due to any fault or neglect on the part of the libellant, the Maravi, or those in charge of her but were due solely to the fault and negligence of the Gatun and the respondent's servants in charge of her * * *".

Libellant has made this...

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