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DICHMAN, WRIGHT & PUGH, INC. v. UNITED STATES

144 F.Supp. 922 (1956)

DICHMAN, WRIGHT & PUGH, Inc., Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

September 29, 1956.

Attorney(s) appearing for the Case

Hill, Betts & Nash, New York City, Kominers & Fort, Washington, D. C., for libelant. J. Franklin Fort, Washington, D. C., Edwin Longcope, New York City, John Cunningham, Israel Convisser, Washington, D. C., of counsel.

Paul W. Williams, U. S. Atty., New York City, for respondent. Leavenworth Colby, Chief, Admiralty & Shipping Section, Dept. of Justice, Benjamin H. Berman, Attorney in Charge, New York Office Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., of counsel.

DIMOCK, District Judge.

This is a suit in admiralty to recover amounts of charter hire which libelant claims to have overpaid. Three "causes of action" are set forth in the libel but the first and third have been held to be time barred. Respondent United States, the shipowner, excepts to the second on the ground of insufficiency.

Libelant seeks to recover amounts paid, under a sliding scale of "additional charter hire" set forth in the charter party, insofar...

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