ATLANTIC CARRIERS v. UNITED STATES


131 F.Supp. 1 (1955)

ATLANTIC CARRIERS, Inc., Libelant, v. UNITED STATES of America, Respondent. TRAMP CARGO CARRIERS, Inc., as Owner of THE LIBERTY BELL, Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

Rehearing Denied May 17, 1955.


Attorney(s) appearing for the Case

Zock & Petrie, New York City, for libelant Atlantic Carriers, Inc. and Tramp Cargo Carriers, Inc. Francis J. O'Brien, New York City, of counsel.

J. Edward Lumbard, U. S. Atty., New York City, for respondent, Benjamin H. Berman, Atty., Dept. of Justice, New York City, of counsel.


IRVING R. KAUFMAN, District Judge.

This suit is brought, pursuant to the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., for an alleged breach of a charter party.1 On April 6, 1953, the steamship John C., a vessel owned by the libelant was chartered to the respondent and was redelivered to libelant in allegedly damaged condition on August 8, 1954.

By exceptive allegations the respondent now raises a provision in the charter...

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