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EASTPORT STEAMSHIP COMPANY v. UNITED STATES

No. 399-54.

130 F.Supp. 333 (1955)

EASTPORT STEAMSHIP COMPANY v. The UNITED STATES.

United States Court of Claims.

April 5, 1955.

Attorney(s) appearing for the Case

J. Franklin Fort, Washington, D. C., for plaintiff. Frank J. Zito, Washington, D. C., Robert V. Faragher, New York City, and Radner, Zito, Kominers & Fort, Washington, D. C., were on the brief.

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

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

WHITAKER, Judge.

This case is before the court on defendant's motion to dismiss for lack of jurisdiction.

Plaintiff's petition alleges that it recovered a judgment in this court on June 8, 1954, for $54,097.16, but that the Comptroller General wrongfully offset against this judgment the sum of $31,102.71, which sum he claims plaintiff owes the defendant under a bareboat charter. Plaintiff sues for the $31,102.71 withheld.

There is no doubt about the...

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