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AABY v. STATES MARINE CORPORATION

No. 151, Docket 21541.

181 F.2d 383 (1950)

AABY et al. v. STATES MARINE CORPORATION.

United States Court of Appeals Second Circuit.

Decided April 12, 1950.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, New York City, Charles R. Hickox, New York City and Ruth M. McElveney, New York City, for appellant.

Haight, Deming, Gardner, Poor & Havens, New York City and James M. Estabrook, New York City, for appellees.

Before L. HAND, Chief Judge, SWAN and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This appeal is from an interlocutory decree for the owners of the Norwegian Diesel motorship "Tento" which was entered after the trial of a libel by them for damages resulting from the appellant's repudiation of a twelve months' time charter of the ship. Delivery of the vessel by the owners to the charterer was to take place under the charter at port of survey, at the owner's option, by not later than 4 P.M., December 31, 1937. From December...

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