CRAMP SHIPBUILDING CO. v. LUCKENBACH S. S. CO.

No. 10117.

181 F.2d 939 (1950)

CRAMP SHIPBUILDING CO. v. LUCKENBACH S. S. CO., Inc. et al. The J. L. LUCKENBACH.

United States Court of Appeals Third Circuit.

Decided May 16, 1950.


Attorney(s) appearing for the Case

Lewis H. Van Dusen, Jr., Philadelphia, Pa. (Henry S. Drinker, Drinker, Biddle & Reath, Philadelphia, Pa., Samuel B. Fortenbaugh, Jr., Philadelphia, Pa., on the brief), for appellant.

John C. Donovan, Washington, D. C. (Gerald A. Gleeson, United States Attorney, Philadelphia, Pa., J. Frank Staley, Special Assistant to the Attorney General, James P. McCormick, Assistant United States Attorney, Philadelphia, Pa., John T. Casey, Washington, D. C., on the brief), for appellee United States.

Thomas E. Byrne, Jr., Philadelphia, Pa. (Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for Luckenbach S. S. Co., Inc.

Before BIGGS, Chief Judge and GOODRICH and HASTIE, Circuit Judges.


GOODRICH, Circuit Judge.

This appeal in admiralty raises the question of the responsibility of the Luckenbach Steamship Company or the United States, or both, for paying $13,878 to the libellant, Cramp Shipbuilding Company. The charge is for the repair of 3,965 rivet holes and the price is agreed to be reasonable. It is agreed likewise that the work has been done and done satisfactorily. The question is who shall bear the costs.

The ship, "J. L. Luckenbach...

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