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AMERICAN EASTERN CORPORATION v. UNITED STATES

133 F.Supp. 11 (1955)

AMERICAN EASTERN CORPORATION, Libelant, v. The UNITED STATES of America, Respondent.

United States District Court S. D. New York.

Motion to Amend Libel Denied August 19, 1955.

Attorney(s) appearing for the Case

Radner, Zito, Kominers & Fort, Washington, D. C. and Haight, Gardner, Poor & Havens, New York City, for libelant.

J. Edward Lumbard, Lloyd F. MacMahon, U. S. Attys., New York City, for respondent. Benjamin H. Berman, New York City, of counsel.

WALSH, District Judge.

Libelant here seeks to recover from respondent alleged overpayments made pursuant to its charter of two government-owned vessels. Respondent excepts to the libel as barred by the statute of limitations. The exception is sustained.

The suit being under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., there is no dispute as to the period of the statute. It is two years. 46 U.S.C.A...

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