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PRUDENTIAL STEAMSHIP CORPORATION v. UNITED STATES

Nos. 86, 145, Dockets 23151, 23222.

220 F.2d 655 (1955)

PRUDENTIAL STEAMSHIP CORPORATION, Libellant-Appellant, v. UNITED STATES of America, Respondent-Appellee. STATES MARINE CORPORATION OF DELAWARE, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 24, 1955.

Rehearing Denied March 29, 1955.

Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood, New York City, for libellant-appellant, John C. Crawley and John J. Leibell, New York City, of counsel.

Kirlin Campbell & Keating, New York City, for plaintiff-appellee, John F. Gerity and Walter P. Hickey, New York City, of counsel.

Warren E. Burger, Asst. Atty. Gen., J. Edward Lumbard, U. S. Atty., New York City, Leavenworth Colby, Chief, Admiralty & Shipping Section, Dept. of Justice, and Hubert H. Margolies, Washington, D. C., and Benjamin H. Berman, New York City, Attys., Dept. of Justice, for the United States.

Before SWAN, FRANK and HINCKS, Circuit Judges.

SWAN, Circuit Judge.

These appeals, which were argued together, present closely related questions as to the jurisdiction of the District Court in suits to recover general average contribution from the United States as owner of part of the cargo carried on a privately owned and operated merchant vessel.

In the Prudential case the vessel owner brought a libel under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq. An exception challenging the jurisdiction...

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