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MARINE CARRIERS CORPORATION v. FOWLER

No. 67 Civ. 4167.

305 F.Supp. 984 (1969)

MARINE CARRIERS CORPORATION, Plaintiff, v. Henry H. FOWLER, individually, and as Secretary of the Treasury, Lester D. Johnson, individually, and as Commissioner of Customs, Alan Stephenson Boyd, individually, and as Secretary of Department of Transportation, Willard J. Smith, individually, and as Commandant of U. S. Coast Guard, and the Bureau of Customs, Defendants.

United States District Court S. D. New York.

October 21, 1969.

Attorney(s) appearing for the Case

Joseph Cardillo, Jr., New York City, for plaintiff; Robert V. Corbett and Christophil B. Costas, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for defendants; Richard M. Hall, Asst. U. S. Atty., of counsel.

MEMORANDUM

TENNEY, District Judge.

Plaintiff, a Delaware corporation, by amended complaint filed September 11, 1968 sought declaratory judgment pursuant to 28 U.S.C. § 2201, declaring it entitled to enroll its vessel, the "OBSERVER", in coastwise trade, and an injunction compelling defendants to so enroll it. Plaintiff, contending that there exists no genuine issue as to any material fact, has moved pursuant to Fed.R. Civ.P. 56 for an order granting...

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