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ISTHMIAN STEAMSHIP COMPANY v. UNITED STATES

191 F.Supp. 338 (1961)

ISTHMIAN STEAMSHIP COMPANY, Libelant, v. UNITED STATES of America, Respondent. STATES MARINE CORPORATION, Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

January 16, 1961.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for libelant (E. L. Smith, New York City, of counsel).

S. Hazard Gillespie, Jr., U. S. Atty., New York City, for respondent; Benjamin H. Berman, Atty. in Charge, Admiralty and Shipping Section, Dept. of Justice, Washington, D. C. (William H. Postner, Washington, D. C., of counsel).

RYAN, Chief Judge.

We have at one trial tried by consent these two suits filed in the Admiralty; common questions of law are presented.

The suits have been brought to recover sums deducted by the Government from freight and demurrage charges earned by libelants for the transportation of Government goods. The parties stipulated in a pretrial order entered on May 16, 1960 that the issues to be tried were:

1. Whether libelants' claims for unpaid freights...

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