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AMERICAN PRESIDENT LINES v. UNITED STATES

75 F.Supp. 110 (1947)

AMERICAN PRESIDENT LINES, Limited, v. UNITED STATES.

District Court, S. D. New York.

September 25, 1947.

Attorney(s) appearing for the Case

Dow & Symmers, of New York City (William G. Symmers and John S. Stillman, both of New York City, of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City, for this motion only (William H. Postner, of New York City, of counsel), for defendant.

HULBERT, District Judge.

This is a motion brought by the defendant, United States of America, for an order dismissing the complaint for lack of jurisdiction over the subject matter of the action and over the person of the defendant.

The complaint, filed on April 22, 1947, alleges that the action is brought under "paragraph 20 of section 24 of the Act of March 3, 1911, commonly called the Tucker Act, 36 Stat. 1093, as amended, U.S.C.A., Title 28, § 41...

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