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AMERICAN DREDGING CO. v. COCHRANE

No. 10723.

190 F.2d 106 (1951)

AMERICAN DREDGING CO. v. COCHRANE.

United States Court of Appeals District of Columbia Circuit.

Decided May 31, 1951.

Attorney(s) appearing for the Case

Geoffrey Creyke, Jr., Washington, D. C., with whom Andrew A. Lipscomb, and Robert M. Gray, Washington, D. C., were on the brief, for appellant.

Ross O'Donoghue, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty., Washington, D. C., was on the brief, for appellees.

Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellees.

Before PRETTYMAN and BAZELON, Circuit Judges, and KIMBROUGH STONE, Circuit Judge, retired (sitting by designation).

STONE, Circuit Judge.

This is an action against the members of the Maritime Board (individually and officially) and the Secretary of the Navy (individually and officially) to prevent disposal of a dredger barge, the Marshall C. Harris, and to compel return thereof to plaintiff under the provisions of the Act of May 18, 1944, 58 Stat. 223, Tit. 50 U.S. C.A.Appendix, § 1301 et seq., being Public Law 305 of the 78th Congress. The trial court dismissed the petition...

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