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THE NORTH RIVER

No. A 16842.

57 F.Supp. 808 (1944)

THE NORTH RIVER. ARUNDEL CORPORATION v. UNITED STATES.

District Court, E. D. New York.

November 16, 1944.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for libelant.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N.Y. (Max Taylor, of New York City, of counsel), for respondent.

MOSCOWITZ, District Judge.

Libelant excepts to the sufficiency of Article "Fifteenth" of respondent's answer. The libel was for damage caused by the P. T. 43, a public vessel of the United States, and is concededly filed pursuant to the Public Vessels Act, Mar. 3, 1925, c. 428, 43 Stat. 1112, 46 U.S.C.A. § 781 et seq. Article "Fifteenth" sets forth in answer and as a separate defense that the P. T. 43 was lost prior to the time when the libel was filed and that...

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