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UNITED STATES v. EAST HARBOR TRADING CORPORATION

190 F.Supp. 245 (1960)

UNITED STATES of America, Plaintiff v. EAST HARBOR TRADING CORPORATION, also known as East Harbor Steamship Corporation and Seaboard Surety Company, Defendants.

United States District Court S. D. New York.

December 29, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., for plaintiff; Benjamin H. Berman, New York City, Atty. in Charge, Leavenworth Colby, Lawrence F. Ledebur, Washington, D. C., Attys., Admiralty & Shipping Section Dept. of Justice, of counsel.

Zock, Petrie, Sheneman & Reid, New York City, Kominers & Fort, Washington, D. C., for defendants; J. Franklin Fort, Washington, D. C., Francis J. O'Brien, New York City, John Cunningham, Israel Convisser, Washington, D. C., of counsel.

IRVING R. KAUFMAN, District Judge.

The government brought this action to recover monies allegedly due under a charter agreement between the Maritime Commission and the defendant East Harbor Trading Corporation,1 and under the statutes applicable to this agreement. Defendant has moved to dismiss the complaint for failure to state a claim upon which relief may be granted,2 and for want of jurisdiction, while...

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