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POLAR COMPANIA DE NAVEGACION v. UNITED STATES

No. 54-52.

124 F.Supp. 625 (1954)

POLAR COMPANIA DE NAVEGACION, Ltda., as Owner of the Steamship PENELOPI v. The UNITED STATES.

United States Court of Claims.

October 5, 1954.

Attorney(s) appearing for the Case

Ronald A. Capone, Washington, D. C., for plaintiff. William J. Tillinghast, Jr., New York City, was on the brief.

Leavenworth Colby, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

WHITAKER, Judge.

This case is before us on defendant's motion to dismiss plaintiff's petition on the ground that exclusive jurisdiction of the action therein asserted is in the district court sitting in admiralty.

The petition alleges that on September 26, 1942, plaintiff entered into a charter party with the defendant for the hire to it of the S.S. Penelopi for the period and on the conditions set forth in the charter party, and on this date the ship was...

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