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UNITED STATES LINES CO. v. UNITED STATES

52 F.Supp. 758 (1943)

UNITED STATES LINES CO. v. UNITED STATES.

District Court, S. D. New York.

November 23, 1943.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Cletus Keating and Donald D. Geary, both of New York City, and Harold B. Finn, of Washington, D. C., of counsel), for libellant.

James B. M. McNally, U. S. Atty., of New York City (Francis M. Shea, Asst. Atty. Gen., and George C. Sprague, Sp. Asst. to Atty. Gen., William E. Collins, Sp. Asst. to U. S. Atty., of New York City, Arnold W. Knauth, and J. Frank Staley, Sp. Assts. to Atty. Gen., of counsel), for respondent.

RIFKIND, District Judge.

This matter comes up on a motion to overrule the exceptive allegations of the respondent to the libel by which the libellant seeks to recover $____ for the loss of the S. S. X, by a marine risk, while the vessel was in the possession of the respondent under a demise charter. The precise issue raised by the exceptive allegations is one of jurisdiction; and the decision turns on whether the bareboat charter, under the terms of which the U. S...

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