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UNITED STATES v. STOCKARD STEAMSHIP CORPORATION

224 F.Supp. 153 (1963)

UNITED STATES of America, Libelant, v. STOCKARD STEAMSHIP CORPORATION and Seaboard Surety Company, Respondents.

United States District Court S. D. New York.

December 2, 1963.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the S. D. of New York, for libelant.

Louis E. Greco, Attorney in Charge Admiralty & Shipping Section Dept. of Justice, New York City, Leavenworth Colby, Lawrence F. Ledebur, Attorneys, Admiralty & Shipping Section Dept. of Justice, of counsel.

Zock, Petrie, Sheneman & Reid, New York City, Kominers & Fort, Washington, D. C., for respondents. Francis J. O'Brien, New York City, J. Franklin Fort, T. S. L. Perlman, J. Lovering Truscott, Washington, D. C., of counsel.

WEINFELD, District Judge.

The Court is of the view that there is no sound basis for the Government's reiterated position with respect to the second and fourth causes of action based upon the "world market charter rate," which has repeatedly been rejected by the courts. Massachusetts Trustees of E. Gas and Fuel Associates v. United States, 202 F.Supp. 297 (D.Mass.1962), aff'd,

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