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COMPANIA ITHACA DE VAPORES, S. A. v. UNITED STATES

No. 49813.

149 F.Supp. 257 (1957)

COMPANIA ITHACA DE VAPORES, S. A. v. The UNITED STATES.

United States Court of Claims.

March 6, 1957.

Attorney(s) appearing for the Case

William A. Wilson, New York City, for plaintiff. Robert J. Nicol, New York City, on the brief.

Charles S. Haight, Jr., Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Leavenworth Colby, Washington, D. C., on the brief.

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

WHITAKER, Judge.

Plaintiff's amended petition is based upon an alleged settlement with the Maritime Commission of its claim for damage to its vessel while it was under time charter to the defendant. The question now presented to us is whether or not defendant's obligation to respond in damages, which is of course maritime in nature, has been supplanted by a contract to pay a certain sum, which gives this court jurisdiction.

Before redelivery of plaintiff's...

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