MORAN TOWING & TRANSPORTATION CO. v. UNITED STATES

No. 26667.

290 F.2d 660 (1961)

MORAN TOWING & TRANSPORTATION CO., Inc., South American Towing Corp. and Moran Towing Corp., Libellants-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 9, 1961.


Attorney(s) appearing for the Case

Eugene Underwood, New York City (John S. Rogers and Burlingham, Hupper & Kennedy, New York City, on the brief), for libellants-appellants.

Louis E. Greco, Atty. in Charge, Admiralty and Shipping Section, Dept. of Justice, New York City (Morton S. Robson, U. S. Atty. for Southern Dist. New York, New York City, on the brief), for respondent-appellee.

Before CLARK, MEDINA and FRIENDLY, Circuit Judges.


MEDINA, Circuit Judge.

We have before us a motion by the United States to dismiss an appeal from an order of Judge Cashin, in admiralty, granting a stay pending the determination of certain questions of fact pursuant to a Disputes Clause in a maritime contract and denying a motion by libellants to overrule exceptive allegations. We shall give only a brief description of the libel, the exceptions thereto and the contentions...

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