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UNITED STATES v. GAHAGAN DREDGING CORPORATION

No. 286, Docket 26096.

289 F.2d 639 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. GAHAGAN DREDGING CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Foley & Martin, New York City (Christopher E. Heckman, George A. Dean, New York City, of counsel), for defendant-appellant.

William H. Orrick, Jr., Asst. Atty. Gen., Morton S. Robson, U. S. Atty., New York City, Morton Hollander, Leavenworth Colby, Louis E. Greco, Walter L. Hopkins, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before LUMBARD, Chief Judge, and MAGRUDER and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

Plaintiff, United States, sued to collect penalties of $1500 assessed pursuant to 46 U.S.C.A. § 398 against the defendant, Gahagan Dredging Corporation. The complaint as amended alleged that the defendant was the owner of three barges (the Barge Bernie Harris and the Barges 100 and 101) which the defendant permitted to be navigated on the high seas during the period "of about March 10-27, 1956," without first having obtained the certificate...

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