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UNITED STATES v. THE AMERICAN HUNTER

199 F.Supp. 531 (1961)

UNITED STATES of America, Libelant v. THE Steamship AMERICAN HUNTER, her engines, tackle, appurtenances, etc., and United States Lines Company, Claimant-Petitioner and THE Steamship QUEEN ELIZABETH, her engines, tackle, etc. and the Cunard Steam-Ship Company, Ltd. and THE Motortanker HELEN MILLER, her engines, tackle, etc. and Dominion Transport Corporation and Coastal Petroleum Transport Co., Inc., Respondent-Impleaded.

United States District Court S. D. New York.

August 4, 1961.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., New York City, Louis E. Greco, Attorney in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, Capt. Morris G. Duchin, U. S. N., Sp. Attorney, Admiralty & Shipping Section, Dept. of Justice, New York City, of counsel, for libelant.

Kirlin, Campbell & Keating, New York City, William E. Fuller, New York City, of counsel, for claimant.

FREDERICK van PELT BRYAN, District Judge.

On April 15, 1961 I granted respondent's motion for reargument of its exceptions to the Government's second claim of the amended libel which I overruled in my opinion of March 8, 1961, 192 F.Supp. 447.

In essence, respondent urges that there is a distinction between buoys intended as aids to navigation and buoys used for other purposes, and that the term "buoys" as used in 33 U...

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