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ISBRANDTSEN COMPANY v. UNITED STATES

No. 117, Docket 23772.

233 F.2d 184 (1956)

ISBRANDTSEN COMPANY, Inc., Michael Golodetz, Nathan Golodetz, Abraham G. Golodetz, Joachim Ginzberg, Simon Golodetz, Lazar Golodetz, Mark Ginzberg, Jura Ginzberg and Efim Golodetz, co-partners doing business under the firm name and style of M. Golodetz & Company, Anthony Gibbs & Co., Inc., Soledad Trading Corporation, L. W. & P. Armstrong, Inc., Mente & Co., Inc. and American Sugar Refining Company, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 9, 1956.

Attorney(s) appearing for the Case

Arthur O. Louis, New York City (Hill, Rivkins, Middleton, Louis & Warburton, New York City, Joseph T. McGowan, New York City, of counsel), for plaintiffs-appellants.

William H. Postner, Attorney, Department of Justice, New York City (Warren E. Burger, Asst. Atty. Gen., and Paul W. Williams, U. S. Atty., New York City, attorneys for defendant-appellee; Leavenworth Colby and E. Robert Seaver, Attorneys, Department of Justice, Washington, D. C., of counsel), for defendant-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

This is a consolidated appeal from orders in fifteen actions at law brought against the United States under the Tucker Act, each seeking to enforce liability based upon the same facts relating to the defendant's ownership and operation of S. S. Mormacmar. In each case below the complaint was dismissed for lack of jurisdiction under the Tucker Act upon an opinion, 123 F.Supp. 819, holding that, because the...

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