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REMINGTON RAND, INC. v. UNITED STATES

No. 157, Docket 22563.

202 F.2d 276 (1953)

REMINGTON RAND, Inc. v. UNITED STATES et al. THE SAMIDA.

United States Court of Appeals Second Circuit.

Decided February 25, 1953.

Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., New York City, Edward L. Smith and William H. Postner, New York City, Attorneys, Department of Justice, for respondents-appellants.

Atkins & Weymar, New York City, William Weymar, Jr., New York City, for John T. Clark & Son, respondent-impleaded-appellee.

Dow & Symmers, New York City, Wilbur E. Dow, Jr. and Francis J. O'Brien, New York City, for McRoberts Protective Agency, Inc., respondent-impleaded-appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

Remington Rand, Inc., assignee of a bill of lading issued by Norton, Lilly & Company as agents of the Master of the S. S. Samida, brought this suit for failure to deliver certain goods at the port of destination. The United States defended the suit on the ground that it had assumed any liability of the British Government therefor as part of its lend lease service. The carrying ship, the S. S. Samida, was operated by the British...

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