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AMERICAN PRESIDENT LINES v. UNITED STATES

No. 1740.

162 F.Supp. 732 (1958)

AMERICAN PRESIDENT LINES, Limited, Libelant, v. The UNITED STATES of America, Respondent.

United States District Court D. Delaware.

May 2, 1958.

Attorney(s) appearing for the Case

David F. Anderson (of Berl, Potter & Anderson), Wilmington, Del., and Warner W. Gardner and Vern Countryman (of Shea, Greenman, Gardner & McConnaughey), Washington, D. C., for libelant.

Carl C. Davis, Asst. Chief, Admiralty and Shipping Section, Department of Justice, Washington, D. C., Robert D. Klages, Attorney, Admiralty and Shipping Section, Department of Justice, Washington, D. C., of counsel, for the United States.

CALEB M. WRIGHT, Chief Judge.

This is a suit in Admiralty initiated by libelant, American President Lines, against the United States to recover alleged excessive charter payments. Jurisdiction of the libel is predicated on 46 U.S.C.A. § 741 et seq.

The cause is presently before the court on libelant's exceptions to respondent's answer and libelant's prayer for judgment pro confesso. There being no dispute of material fact the libel is in a dispositive...

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