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THE LT-233

No. A-16801.

65 F.Supp. 279 (1946)

THE LT-233. THE LEHIGH VALLEY NO. 477. LEHIGH VALLEY R. CO. v. UNITED STATES.

District Court, E. D. New York.

February 16, 1946.

Attorney(s) appearing for the Case

Pyne & Lynch, of New York City (Warner Pyne, of New York City, of counsel), for libelant.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Leo J. Curren, Sp. Asst. to U. S. Atty., of New York City, of counsel), for respondent.

BYERS, District Judge.

The exceptions filed January 29, 1946, to the report of the Special Commissioner filed January 24, 1946, are overruled and the report is confirmed in all respects, and his fees are fixed at the sum of $400.00 to be taxed in the usual way.

Exceptions 1 and 2 are to the award of interest at the rate of 4%, upon the theory that the fact that the offending tug was owned and operated merchantwise by the United States Army on January 19, 1943...

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