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WESSEL, DUVAL & CO. v. UNITED STATES

126 F.Supp. 79 (1954)

WESSEL, DUVAL & CO., Inc., Libelant, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

Reargument Denied April 29, 1954.

Attorney(s) appearing for the Case

Stanly W. Schaefer, New York City, for libelant.

J. Edw. Lumbard, U. S. Atty., for the Southern Dist. of New York, New York City, for respondent.

NOONAN, District Judge.

This motion is brought in the form of exceptive allegations to a libel for an alleged breach of a time charter. In its exceptive allegations the respondent seeks dismissal of the libel for lack of jurisdiction.

This alleged lack of jurisdiction is premised upon a paragraph in the time charter party contract which reads as follows:

"Article 32 Disputes "Except as...

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