SOCIEDAD ARMADORA A. P. v. 5020 LONG TONS OF RAW SUGAR

Nos. 11460, 11463.

223 F.2d 417 (1955)

SOCIEDAD ARMADORA ARISTOMENIS PANAMA, S. A., Appellant in No. 11460. v. 5020 LONG TONS OF RAW SUGAR and Isbrandtsen Company, Inc., Appellant in No. 11463.

United States Court of Appeals Third Circuit.

Decided May 31, 1955.


Attorney(s) appearing for the Case

Thomas F. Mount, Philadelphia, Pa., (Rawle & Henderson, Joseph W. Henderson, Philadelphia, on the brief), for Sociedad Armadora Aristomenis, Panama, S. A.

Thomas E. Byrne, Jr., Philadelphia, Pa. (Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for Isbrandtsen Co.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


PER CURIAM.

On respondent's appeal No. 11,460, we think that Judge Grim in the district court was sound in his decision that the charge of the Philippine Government amounting to $1 a ton on the sugar involved was a tax and not a charge for wharfage.

The record supports the disallowance of the setoffs urged by respondent for dispatching and for alleged short delivery.

As to the remaining item for damaged cargo and liability for extra stevedoring, there...

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