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FEDERAL COMMERCE AND NAVIGATION CO. v. UNITED STATES

No. 67 Civ. 482.

305 F.Supp. 1025 (1969)

FEDERAL COMMERCE AND NAVIGATION COMPANY, Limited, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

September 26, 1969.

Attorney(s) appearing for the Case

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for plaintiff; Donald B. Allen, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for defendant; Louis E. Greco and Robert E. Coppola, New York City, of counsel.

OPINION

TENNEY, District Judge.

The Federal Commerce and Navigation Company, Ltd., a Canadian corporation having an office and place of business in New York, New York, and defendant United States of America have each moved for summary judgment herein pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The controlling facts are not disputed and may be briefly stated.

On November 3, 1964, plaintiff and defendant entered into a written...

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