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UNITED FRUIT CO. v. UNITED STATES

No. 4534.

186 F.2d 890 (1951)

UNITED FRUIT CO. v. UNITED STATES.

United States Court of Appeals First Circuit.

January 26, 1951.

Attorney(s) appearing for the Case

Seymour P. Edgerton, Boston, Mass., (John J. Ryan, Jr., and Bingham, Dana & Gould, all of Boston, Mass., with him on brief), for appellant.

Patrick F. Cooney, Atty., Department of Justice, Washington, D. C. (H. G. Morison, Asst. Atty. Gen., George F. Garrity, U. S. Atty., Boston, Mass., J. Frank Staley, Sp. Asst. to the Atty. Gen., and Edward O. Gourdin, Asst. U. S. Atty., Boston, Mass., with him on brief), for appellee.

MAGRUDER, Chief Judge.

United Fruit Company, chartered owner of the S.S. Esparta, filed in the court below a libel in admiralty against the United States as bareboat charterer of the said vessel, to recover damages for the alleged failure of the United States to perform certain redelivery obligations. The district court ordered that the libel be dismissed, upon the sole ground that the asserted cause of action was barred by the terms of a release contained in a so...

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