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MASSACHUSETTS TRUSTEES v. U. S.

No. 137.

377 U.S. 235 (1964)

MASSACHUSETTS TRUSTEES OF EASTERN GAS & FUEL ASSOCIATES v. UNITED STATES.

Supreme Court of United States.

Decided May 25, 1964.

Attorney(s) appearing for the Case

J. Franklin Fort argued the cause for petitioners. With him on the briefs were Jose de Varon and T. S. L. Perlman.

Wayne G. Barnett argued the cause for the United States. On the brief were Solicitor General Cox, Assistant Attorney General Douglas, Bruce J. Terris, Alan S. Rosenthal and Lawrence F. Ledebur.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This case presents the claim that the Maritime Commission exceeded its statutory authority under § 5 of the Merchant Ship Sales Act of 1946, 60 Stat. 43, as amended, 50 U. S. C. App. § 1738, by

(1) including in its contract with petitioners1 for the bareboat charter of ships a sliding scale that required payment to the Government of more than 50% of certain excess...

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