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UNITED STATES v. S.S. LUCIE SCHULTE

227 F.Supp. 583 (1964)

UNITED STATES of America, Libelant, v. The S.S. LUCIE SCHULTE, her engines, boilers, etc. and Three Bays Lines, Inc., Respondents, and against Schulte & Bruns, Claimant.

United States District Court S. D. New York.

March 2, 1964.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., S. D. New York, for libelant; Louis E. Greco, Atty. in Charge, William H. Postner, Admiralty & Shipping Section, Dept. of Justice, advocate.

Healy, Baillie & Burke, New York City, for claimant; Walter G. McNeill, New York City, advocate.

DAWSON, District Judge.

This is an action brought against a carrying vessel in rem by the United States of America under the general maritime law, pursuant to 28 U.S.C. § 1333(1), to recover overpayments of freight for the transportation of shipments of Government property on three voyages of the SS LUCIE SCHULTE. The SS LUCIE SCHULTE herself is not within the jurisdiction, but an undertaking to answer for any liability of the ship has been executed and...

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