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MASSACHUSETTS TRUST. OF EAST. G. & F. ASSOC. v. UNITED STATES

No. 6035.

312 F.2d 214 (1963)

MASSACHUSETTS TRUSTEES OF EASTERN GAS AND FUEL ASSOCIATES, Libelants-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals First Circuit.

January 8, 1963.

Attorney(s) appearing for the Case

J. Franklin Fort, Washington, D. C., with whom James S. Eastham, William M. Brady, Boston, Mass., Israel Convisser and Kominers & Fort, Washington, D. C., were on the brief, for appellants.

Lawrence F. Ledebur, Attorney, Department of Justice, with whom Joseph D. Guilfoyle, Acting Asst. Atty. Gen., W. Arthur Garrity, Jr., U. S. Atty., and Morton Hollander and Leavenworth Colby, Attorneys, Department of Justice, were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This libel and cross-libel in personam were brought to recover rental, or charter hire, alleged by libelants to have been overpaid, and by cross-libelant to have been underpaid, in connection with bare-boat charters of merchant vessels by the former United States Maritime Commission to Massachusetts Trustees of Eastern Gas and Fuel Associates, hereinafter in the singular, Eastern. Basically the case raises the question of whether a profit-sharing...

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