UNITED STATES v. EASTPORT STEAMSHIP CORPORATION


142 F.Supp. 375 (1956)

UNITED STATES of America, Libelant, v. EASTPORT STEAMSHIP CORPORATION, Respondent.

United States District Court S. D. New York.

July 17, 1956.


Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., Southern Dist. of New York, New York City, for libelant (Leavenworth Colby and Benjamin H. Berman, Washington, D. C., of counsel).

Zock, Petrie, Sheneman & Reid, New York City, Kominers & Fort, Washington, D. C., for respondent (J. Franklin Fort and John Cunningham, Washington, D. C., and Francis J. O'Brien, New York City, of counsel).


THOMAS F. MURPHY, District Judge.

Respondent's exceptions to the libel of the United States raise issues of law concerning voluntary payment and compulsory counterclaims and for the reasons hereinafter stated they are sustained and the libel is dismissed.

In June 1954 respondent recovered a judgment against libelant in the amount of $54,000. Shortly thereafter Congress appropriated funds to pay this judgment. The General Accounting Office on September 29,...

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