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EMPIRE TRANSPORT, INC. v. UNITED STATES

No. 344, Docket 74-1735.

524 F.2d 1 (1975)

EMPIRE TRANSPORT, INC., owner the STEAMSHIP POTOMAC, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 2, 1975.

Attorney(s) appearing for the Case

Joseph C. Smith, New York City (Burlingham Underwood & Lord, New York City, on the brief), for plaintiff-appellant.

Janis G. Schulmeisters, Atty., Admir. & Ship. Section, Dept. of Justice, New York City (Carla A. Hills, Asst. Atty. Gen., Washington, D. C., Paul J. Curran, U. S. Atty., New York City, Gilbert S. Fleischer, Atty. in Charge, Admir. & Ship. Section, Dept. of Justice, New York City, on the brief), for defendant-appellee.

Before SMITH, OAKES and TIMBERS,

TIMBERS, Circuit Judge:

Empire Transport, Inc., owner of the SS Potomac, appeals from a judgment entered March 26, 1974 after a four day bench trial in the Southern District of New York before Harold R. Tyler, Jr., District Judge. The judgment dismissed Empire's complaint which invoked the admiralty and maritime jurisdiction of the district court pursuant to the Suits in Admiralty Act, 46 U.S.C. §§ 741...

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