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UNITED STATES v. M/V MARILENA

No. 12890.

433 F.2d 164 (1969)

UNITED STATES of America, Appellee, v. M/V MARILENA P and her appurtenances, in rem, and Marilena Compania Naviera, S. A., a corporation, in personam, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1969.

Attorney(s) appearing for the Case

Nicholas J. Healy, New York City, and Braden Vandeventer, Jr., Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va., and Healy & Baillie, New York City, on brief) for appellants.

Stephen R. Felson, Atty., Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., and Robert V. Zener, Atty., Dept. of Justice, and C. Vernon Spratley, Jr., U. S. Atty., on brief) for appellee.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

In admiralty asking damages, the United States complained of the M/V Marilena P and her owner, Marilena Compania Naviera, S.A., for nullifying a charter party. The controversy grew out of the crew's refusal to sail. As the ad-port was within the Viet Nam war theatre and the ship's lading was combat materials, they declined the voyage, either as too perilous or for some other reason not clearly recorded. The charterer argues that the...

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