UNITED STATES v. CLAIBORNE


226 F.Supp. 578 (1964)

UNITED STATES of America, Libelant, v. S. S. CLAIBORNE, her engines, boilers, etc., and the Waterman Steamship Corporation, a corporation, Respondent.

United States District Court S. D. New York.

February 20, 1964.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Louis E. Greco, Attorney in Charge Admiralty & Shipping Section Department of Justice, New York City, William H. Postner, Attorney, Admiralty & Shipping Section, Department of Justice, of counsel, New York City, for libelant.

B. G. Andrews, New York City, for respondent.


SUGARMAN, District Judge.

On January 4, 1963 libelant filed a libel and complaint in a cause of contract, civil and maritime, in personam against respondent Waterman and in rem against respondent SS CLAIBORNE for an alleged overcharge of $40,675.37 paid by libelant to respondent Waterman for transportation by sea from the Port of New York to Praia, The Azores, by respondent SS CLAIBORNE of certain lumber, flour, milk, etc.

On August 28, 1963 a "Notice of Appearance...

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