ORIENT MID-EAST LINES, INC. v. COOPERATIVE FOR A. R. E., INC.

Nos. 21833-21836.

410 F.2d 1006 (1969)

ORIENT MID-EAST LINES, INC., Appellant, v. COOPERATIVE FOR AMERICAN RELIEF EVERYWHERE, INC., et al., Appellees. ORIENT MID-EAST LINES, INC., Appellant, v. SEVENTH DAY ADVENTIST WELFARE SERVICE, INC., et al., Appellees. ORIENT MID-EAST LINES, INC., Appellant, v. CHURCH WORLD SERVICE, INC., et al., Appellees. ORIENT MID-EAST LINES, INC., Appellant, v. LUTHERAN WORLD RELIEF, INC., et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1969.


Attorney(s) appearing for the Case

Mr. Wharton Poor, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Stanley O. Sher, Washington, D. C., was on the brief, for appellants.

Mr. Allen Van Emmerik, Atty., Department of Justice, with whom Asst. Atty. Gen., Edwin L. Weisl, Jr., Messrs. David G. Bress, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellee, United States.

Mr. William D. Donnelly, Washington, D. C., entered an appearance for appellee, Seventh Day Adventist Welfare Service, Inc., in No. 21,834.

Mr. Alexander B. Hawes, Washington, D. C., entered an appearance for appellees, Cooperative for American Relief Everywhere, Inc., in No. 21,833, Church World Service, Inc., in No. 21,835 and Lutheran World Relief, Inc., in No. 21,836.

Before BAZELON, Chief Judge, and TAMM and ROBINSON, Circuit Judges.


TAMM, Circuit Judge:

Appellant petitions this court seeking recovery of "second freights"1 which it alleges are owed it by the appellees under shipping contracts.2 Briefly, appellant is a ship operator who, at times relevant to this litigation, operated two ships loaded with relief cargoes which had been donated by some of the appellees for delivery overseas.

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