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ERIE NAVIGATION CO. v. UNITED STATES

C.D. 4820; Court No. 76-5-01081.

475 F.Supp. 160 (1979)

ERIE NAVIGATION COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court.

August 27, 1979.

Attorney(s) appearing for the Case

Scott H. Elder, Thompson, Hine & Flory, Cleveland, Ohio, of counsel, for plaintiff.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., David M. Cohen, Branch Director, Commercial Litigation Branch, Joseph I. Liebman, Atty. in Charge, Field Office for Customs Litigation, New York City (Jerry P. Wiskin, New York City, at the trial; William F. Atkin, Glenn E. Harris and Jerry P. Wiskin, New York City, on the briefs), for defendant.

RE, Chief Judge:

Plaintiff, the owner and operator of the vessel M/V Day Peckinpaugh, brought this action to recover customs duties paid on repairs made to the vessel at a foreign port. The vessel, documented under the laws of the United States, was engaged in transporting bulk cement on Lake Ontario between the Canadian port of Picton, Ontario, and the American ports at Rome and Rochester, New York. In August, 1973, the vessel was drydocked at Port Weller, Ontario...

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