CARGO CARRIERS v. HUMPHREY

No. 11534.

206 F.2d 488 (1953)

CARGO CARRIERS, Inc. v. HUMPHREY, Secretary of the Treasury, et al.

United States Court of Appeals District of Columbia Circuit.

Decided July 16, 1953.


Attorney(s) appearing for the Case

Mr. John G. Dorsey, pro hac vice, by special leave of Court, New York City, with whom Mr. Weston B. Grimes, Washington, D. C., was on the brief, for appellant.

Mr. Ross O'Donoghue, Asst. U. S. Atty. at the time of argument, Washington, D. C., with whom Messrs. Charles M. Irelan, U. S. Atty. at the time of argument, and William R. Glendon, Asst. U. S. Atty. at the time of argument, Washington, D. C., were on the brief, for appellees. Messrs. Leo A. Rover, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty. at the time record was filed, Washington, D. C., also entered appearances for appellees.

Before WILBUR K. MILLER, PROCTOR and BAZELON, Circuit Judges.


PROCTOR, Circuit Judge.

This appeal is from a summary judgment for defendants (appellees) in a suit whereby plaintiff (appellant) sought a declaratory judgment and injunction.

Appellant is the owner of two vessels, a non-propelled tank barge of 1892 tons and a tug boat of 99 tons. These vessels are uniquely designed and constructed so that the tug may be securely fitted into an indented stern of the barge and otherwise so integrated with it as that the two...

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