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STATES MARINE CORP. OF DELAWARE v. UNITED STATES

No. 36, Docket 25129.

283 F.2d 776 (1960)

STATES MARINE CORPORATION OF DELAWARE, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 22, 1960.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City (William E. Fuller, John F. Gerity, New York City, of counsel), for libelant-appellant.

George Cochran Doub, Asst. Atty. Gen., S. Hazard Gillespie, U. S. Atty., Southern Dist. of New York, New York City, Morton Hollander, Howard E. Shapiro, Attys., Dept. of Justice, Washington, D. C., for respondent-appellee.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.

WATERMAN, Circuit Judge.

Libelant, a time charterer of the SS Alcoa Pegasus, carried government-owned cargo to Inchon, Korea, under a space-charter contract between it and the United States. From December 9 to December 13, 1954, this cargo was discharged at Inchon by a stevedore contractor retained by the Government for the purpose. Libelant sets forth in its libel that during the discharge 358 feet of the vessel's fitted sweat battens were destroyed by longshoremen...

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