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NAVIOS CORPORATION v. THE ULYSSES II

Nos. 3881, 3890, 3891.

161 F.Supp. 932 (1958)

NAVIOS CORPORATION v. THE ULYSSES II, her engines, tackle, apparel, etc., and Compania Ulysses S.A., Panama, a corporation. NAVIOS CORPORATION v. COMPANIA FLETERA CAJOTAMIL S.A., PANAMA, a corporation. NAVIOS CORPORATION v. RIO AZUL COMPANIA ARMADORA, S.A., PANAMA, a corporation.

United States District Court D. Maryland.

April 30, 1958.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, Clement C. Rinehart, Walter P. Hickey, New York City, and Ober, Williams, Grimes & Stinson, Robert W. Williams, Thomas W. Jamison, III, Baltimore, Md., for libelant.

Cardillo & Smith, New York City, Joseph Cardillo, Jr., Donald F. Mooney, New York City, Lord, Whip & Coughlan, George W. P. Whip, Baltimore, Md., for respondents.

THOMSEN, Chief Judge.

Libelant (Navios) filed these libels to recover damages for the alleged breach by respondents (Owners) of time charters covering three vessels, the Ulysses II, the Elpis and the Loida. Each of the charters contained the following war clause:

"If war is declared against any present NATO countries, i. e., Belgium, Canada, Denmark, France, Iceland, Luxembourg, Netherlands, Norway, Portugal, United Kingdom, United States of America, Greece...

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