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ALCOA S. S. CO. v. ELMHURST CONTRACTING CO.

Nos. A-17168, A-17400.

61 F.Supp. 6 (1945)

ALCOA S. S. CO., Inc., v. ELMHURST CONTRACTING CO., Inc. ELMHURST CONTRACTING CO., Inc., v. ALCOA S. S. CO., Inc.

District Court, E. D. New York.

June 14, 1945.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City (Clement C. Rinehart, of New York City, of counsel), for libelant.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Clarence S. Eastham, Sp. Asst. to Atty. Gen., of counsel), for Elmhurst Contracting Co., Inc.

BYERS, District Judge.

In the first cause, libelant, described as chartered owner (to be called owner) of the Norwegian S. S. MARPESIA, sues to recover additional freight moneys from respondent under a voyage charter or contract of affreightment from Mobile, Alabama, to Georgetown, British Guiana, dated April 30, 1942, concerning a voyage as to which the ship was expected to be ready on May 3, 1942.

The second cause is asserted in a cross-libel filed by respondent...

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