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ATLANTIC STEAMER SUPPLY COMPANY v. THE TRADEWIND

No. 3799.

144 F.Supp. 408 (1956)

ATLANTIC STEAMER SUPPLY COMPANY, Inc., a District of Columbia Corporation v. THE TRADEWIND, her engines, boilers, etc.

United States District Court D. Maryland.

August 7, 1956.

Attorney(s) appearing for the Case

Allen, Burch & Allen, Gordon M. Allen, Baltimore, Md., for libelant.

Lord, Whip & Coughlan, Geo. W. P. Whip, Baltimore, Md., Ober, Williams, Grimes & Stinson, William A. Grimes, Baltimore, Md., Kirlin, Campbell & Keating, New York City, and Piper & Marbury, L. Vernon Miller, Baltimore, Md., Smith, Ristig & Smith, Robert V. Smith, Washington, D. C., Fenneman, Sachs & Cronin, Lawrence B. Fenneman, Baltimore, Md., Norwood B. Orrick, Baltimore, Md., John Geyer Tausig, Washington, D. C., Semmes, Bowen & Semmes, David R. Owen, Baltimore, Md., Solomon B. Levin, Baltimore, Md., for intervening libelants.

John W. Maher, Washington, D. C., and Bernard J. Russell, Baltimore, Md., for trustee.

R. DORSEY WATKINS, District Judge.

This case came before the court on a hearing on exceptions to the answer of the trustee in bankruptcy to the original libel and eight intervening libels. Such exceptions in admiralty are in the nature of the old common law demurrer and for the purposes of the hearing all properly pleaded allegations of fact were taken as true.

On November 9, 1955, the Caribbean Atlantic Steamship Company filed a voluntary petition in bankruptcy...

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