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SWORD LINE v. UNITED STATES

134 F.Supp. 631 (1955)

SWORD LINE, Inc., Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

January 11, 1955.

Attorney(s) appearing for the Case

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

J. Edward Lumbard, U. S. Atty., Southern Dist., of N. Y. (Benjamin H. Berman, New York City, of counsel), for respondent.

THOMAS F. MURPHY, District Judge.

By these exceptive allegations, respondent brings to the court's attention facts not appearing on the face of the libel but allegedly constituting a bar to recovery by libelant. The libel seeks $1,800,000 alleging this amount as the excess of maximum charter hire fixed by statute, § 709, Merchant Marine Act of 1936, as amended, 46 U.S.C.A. § 1199, received from libelant by respondent...

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