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UNITED STATES v. THE SOUTH STAR

No. 141, Docket 22911.

210 F.2d 44 (1954)

UNITED STATES v. THE SOUTH STAR et al.

United States Court of Appeals, Second Circuit.

Decided February 9, 1954.

Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., J. Edward Lumbard, U. S. Atty., for the Southern Dist. of N. Y., New York City, Samuel D. Slade and Benjamin Forman, Attys., Dept. of Justice, Washington, D. C., for appellant.

Burlingham, Hupper & Kennedy, New York City, for respondent-impleaded, appellee, James W. Elwell & Co., Inc., Burton H. White and Elliott B. Nixon, Jr., New York City, of counsel.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for respondent-impleaded, Charleston Stevedoring Co., Thomas H. Middleton and Allan B. Lutz, New York City, of counsel.

Before FRANK, MEDINA, HINCKS, Circuit Judges.

MEDINA, Circuit Judge.

Libellant having suffered cargo damage pursued its remedy against the vessel and the owner thereof in admiralty by proceeding in rem against the SS "South Star" and in personam against the owner, Prudential Steamship Corporation, which in due course impleaded the ship's agent, James W. Elwell & Co., Inc. and the stevedore, Charleston Stevedoring Company. It is stipulated that the cargo in question was discharged and delivered...

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