CARGO & TANKSHIP MGMT. CORP. v. INDIA SUPPLY MISSION

No. 475, Docket 28791.

336 F.2d 416 (1964)

CARGO & TANKSHIP MANAGEMENT CORPORATION, as agents for American Tramp Shipping Development Corporation, bareboat owners of the S.S. MOUNT EVANS, Libelant-Appellee, v. INDIA SUPPLY MISSION and the President of India, Respondents-Appellants, v. UNITED STATES of America, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided August 28, 1964.


Attorney(s) appearing for the Case

Healy, Baillie & Burke, New York City (Sirius C. Cook, New York City, of counsel), for libelant-appellee.

Webster, Sheffield, Fleischmann, Hitchcock & Chrystie, New York City (Carolinda Waters, Stephen C. Kaye, New York City, of counsel), for Theodore W. Kheel and Raymond J. Scully, Trustees of American Tramp Shipping Development Corp.

Baker, Nelson, Williams & Mitchell, New York City (O. Taft Nelson, Robert M. Atkinson, New York City, of counsel), for respondents-appellants.

John W. Douglas, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., Morton Hollander, Chief, Appellate Section, Civil Div., Louis E. Greco, Atty. in Charge, New York Office, William H. Postner, Atty., Admiralty & Shipping Section, Dept. of Justice, for respondent-impleaded-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.


WATERMAN, Circuit Judge:

This is an appeal from a final decree and judgment in admiralty, wherein the libelant, the Cargo & Tankship Management Corporation, sought to recover from the respondents, the India Supply Mission and the President of India, freight and demurrage alleged to be due libelant for having transported a cargo of wheat from the United States to India, and wherein the named respondents, who denied liability, impleaded the United States as a respondent...

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