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  5. 66 F.Supp. 307 (1946)
 

THE S. & H. NO. 5

Nos. 17870, 17883.

66 F.Supp. 307 (1946)

THE S. & H. NO. 5. UNITED STATES v. CITY OF NEW YORK.

District Court, E. D. New York.

June 3, 1946.

Attorney(s) appearing for the Case

Gerard M. McAllister, of New York City, for libellant Sullivan Dry Dock & Repair Corporation.

T. Vincent Keogh, of Brooklyn, N. Y., U. S. Atty., and Vincent Catoggio and John Quarto, both of New York City, Sp. Assts. to the U. S. Atty., for the United States.

Foley & Martin, of New York City, (Christopher Heckman, of New York City, of counsel), for S. & H. Tugboat Co.

John J. Bennett, Corp. Counsel, of New York City (George S. Franklin and Edwin M. Bourke, both of New York City, of counsel), for the City of New York.

GALSTON, District Judge.

It was stipulated that these two actions be tried together. The litigations arose as an aftermath of the tugboat strike in the Harbor of New York, which had led to a declaration of the existence of a state of public emergency by the Mayor of the City of New York and the issuance by the President of the United States of Executive Order No. 9693, dated February 5, 1946. The filing of the libel of the Sullivan Dry Dock & Repair Corporation...

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