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CHILEAN LINE INC v. UNITED STATES

No. 376, Docket 29275.

344 F.2d 757 (1965)

CHILEAN LINE INC., Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee, and Main Ship Repair Corp., Respondent.

United States Court of Appeals Second Circuit.

Decided April 27, 1965.

Attorney(s) appearing for the Case

Paul F. McGuire, New York City (Kirlin, Campbell & Keating, and Charles N. Fiddler and John M. Linsenmeyer, New York City, on the brief), for appellant.

Louis E. Greco, Atty. in Charge, New York Office Admiralty & Shipping Section, Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Morton S. Hollander, Chief, Appellate Section, Civil Div., Dept. of Justice, Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, Philip A. Berns, Atty., Admiralty & Shipping Section, Dept. of Justice, on the brief), for appellee.

Before SMITH and MARSHALL, Circuit Judges, and METZNER, District Judge.

J. JOSEPH SMITH, Circuit Judge.

Libelant, Chilean Line Inc., in a suit in admiralty, seeks to recover from the United States by way of garnishment approximately $40,000 of the money allegedly owed by the Government to the Main Ship Repair Corp., respondent, for repairs made on two Navy vessels to satisfy libelant's claim for damages against respondent. The claim arose out of respondent's use of libelant's Brooklyn, New York pier for the performance of the repair work...

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