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INTERIOR WAREHOUSE COMPANY v. THE CAPETAN YEMELOS

Civ. No. 10113.

177 F.Supp. 408 (1959)

INTERIOR WAREHOUSE COMPANY, an Oregon corporation, Libelant, v. THE CAPETAN YEMELOS, her engines, tackle and boilers and Argonout Trading Agency, Inc., a foreign corporation, Respondents.

United States District Court D. Oregon.

September 17, 1959.

Attorney(s) appearing for the Case

White, Sutherland & White, Portland, Or., for libelant.

Wood, Matthiessen, Wood & Tatum, Portland, Or., for claimant-respondent.

SOLOMON, Chief Judge.

Libelant, Interior Warehouse Company, seeks to recover a penalty of $100 per hour for a 92-hour period during which the Capetan Yemelos remained berthed at the libelant's dock without being prepared to receive grain.

Libelant operates a dock and grain elevator. The libel alleges that respondent Argonout Trading Agency, Inc., owner of the Capetan Yemelos, obtained permission to berth, and did berth the vessel at libelant's dock in December...

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