ALIOTTI v. UNITED STATES

No. 13872.

221 F.2d 598 (1955)

Giovanni ALIOTTI and Sebastiano Aliotti, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 13, 1955.


Attorney(s) appearing for the Case

Joseph L. Alioto, Walter F. Calcagno, San Francisco, Cal., for appellants.

Warren E. Burger, Asst. Atty. Gen., Keith R. Ferguson, Leavenworth Colby, Sp. Assts. to Atty. Gen., for appellee.

Before HEALY and BONE, Circuit Judges, and MURRAY, District Judge.


HEALY, Circuit Judge.

In February of 1942 the United States, acting through the War Shipping Administration, requisitioned appellants' motor fishing vessel Sea Star (a boat of 107 tons gross register) under authority of 46 U.S.C.A. § 1242. After taking possession a bareboat charter party, dated March 23, 1942, was executed by the parties. The charter provided among other things that, unless actually or constructively lost, the vessel on redelivery to the owners...

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