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WESSEL, DUVAL & CO. v. UNITED STATES

No. 11-54.

124 F.Supp. 636 (1954)

WESSEL, DUVAL & CO., Inc., v. The UNITED STATES.

United States Court of Claims.

October 5, 1954.

Attorney(s) appearing for the Case

Stanley W. Schaefer, New York City, for plaintiff.

Leavenworth Colby, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant. Hubert H. Margolies, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

This cases comes before the court on defendant's motion to dismiss plaintiff's amended petition. Defendant requests dismissal on two grounds: (1) That plaintiff is barred from proceeding in this court under 28 U.S.C. § 1500 in view of the fact that it now has pending in a district court a suit against the United States on the identical claims presented here and (2) that suits for general average contribution by Government cargo as well as other...

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