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SWORD LINE v. UNITED STATES

No. 160, Docket 23723.

228 F.2d 344 (1955)

SWORD LINE, Inc., Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals Second Circuit.

Decided December 14, 1955.

Attorney(s) appearing for the Case

Theodore J. Breitwieser, New York City, for appellant.

Benjamin H. Berman, New York City, Warren E. Burger, Asst. Atty. Gen., Paul W. Williams, U. S. Atty., Dept. of Justice, New York City, Leavenworth Colby, Chief, Admiralty & Shipping Section Dept. of Justice, Washington, D. C., of counsel, for appellee.

Before CLARK, Chief Judge, and HAND and WATERMAN, Circuit Judges.

HAND, Circuit Judge.

The libellant appeals from a decree in the admiralty, dismissing its libel upon "exceptive allegations," filed by the respondent. The claim, as alleged in the libel, was as follows. The Maritime Commission had chartered to the libellant forty-four vessels upon a "bare-boat charter," by virtue of authority granted by § 5 of the Merchant Ships Act of 1946.1 Subdivision (c) of this section incorporates § 709...

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