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UNITED STATES v. EASTPORT STEAMSHIP CORPORATION

No. 6, Docket 24448.

255 F.2d 795 (1958)

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

United States Court of Appeals Second Circuit.

Decided May 6, 1958.

Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Paul W. Williams, U. S. Atty., Paul A. Sweeney, Benjamin H. Berman, Herman Marcuse, Attys., Dept. of Justice, Washington, D. C. (Leavenworth Colby, Chief, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., of counsel), for libelant-appellant.

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

Before SWAN, MEDINA and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The Government commenced this suit in the Southern District of New York to recover charter hire allegedly owed by the Eastport Steamship Corporation under a charter party entered into in 1947. Exceptive allegations to the libel were filed by Eastport, alleging that the Government's claim was barred by res judicata, and that the sums sought to be recovered had been voluntarily paid by the Government. The District Court sustained the...

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