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ISBRANDTSEN COMPANY v. UNITED STATES

146 F.Supp. 516 (1956)

In re ISBRANDTSEN COMPANY v. UNITED STATES of America.

United States District Court S. D. New York.

April 18, 1956.

Attorney(s) appearing for the Case

O'Connor, Foley & Grainger, New York City, for libellant.

Paul W. Williams, U. S. Atty., New York City, by Benjamin H. Berman and Louis E. Greco, Asst. U. S. Attys., New York City, for respondent.

WEINFELD, District Judge.

The controlling date in determining whether the libel is time-barred is the date of its filing, September 14, 1955, and not the date of filing of the amended libel and complaint.1 Accordingly, the exceptive allegations are sustained only as to the claim which it is alleged arose on March 16, 1953 and overruled as to the claim which arose on October 6, 1953, since as...

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