AMERICAN EXPORT LINES, INC. v. UNITED STATES


224 F.Supp. 580 (1963)

AMERICAN EXPORT LINES, INC., Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

December 2, 1963.


Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside & Wolff, New York City, Kominers & Fort, Washington, D. C., for libelant. Frank B. Stone, New York City, J. Franklin Fort, T. S. L. Perlman, J. Lovering Truscott, Washington, D. C., of counsel.

Robert M. Morgenthau, U. S. Atty., for the S. D. New York, for respondent. Louis E. Greco, Attorney in Charge Admiralty & Shipping Section Dept. of Justice, New York City, Leavenworth Colby, Lawrence F. Ledebur, Attys. Admiralty & Shipping Section Dept. of Justice of counsel.


WEINFELD, District Judge.

The libelant, contending that no triable issues of material fact exist, moves for summary judgment, declaring, with respect to the charter-party between it and the respondent, (1) that in the calculation of "net voyage profits," the profits and losses over the entire charter period are to be determined by the so-called "cumulative accounting" method, and (2) that libelant is entitled, under the charter and the applicable statute, to a ten...

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