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UNITED STATES v. THE WAIPAWA

82 F.Supp. 151 (1948)

UNITED STATES v. THE WAIPAWA. THE GEORGE N. SEGER. KINGDOM OF BELGIUM v. THE WAIPAWA et al. SHAW, SAVILL & ALBION CO., Limited, v. UNITED STATES.

United States District Court S. D. New York.

December 20, 1948.

Attorney(s) appearing for the Case

John F. X. McGohey, U.S.Atty., of New York City (Max Taylor and Herbert E. Ost, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Burlingham, Veeder, Clark & Hupper, of New York City (Eugene Underwood, of New York City, of counsel), for the Waipawa.

Dow & Symmers, of New York City (John R. Sheneman, of New York City, of counsel), for Kingdom of Belgium.

MEDINA, District Judge.

I am now going to decide the case, and I am going to decide it in favor of Waipawa. I will make a few comments which may serve as the opinion, subject to revision at the time of the submission of the findings.

I accept Waipawa's version of the occurrence substantially as given by her master and certain other officers and members of her crew.

Seger's account is contradictory and inherently improbable.

As is generally...

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