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BLACK DIAMOND STEAMSHIP CORP. v. UNITED STATES

Adm. No. 3885.

233 F.Supp. 373 (1964)

BLACK DIAMOND STEAMSHIP CORP., Libelant, v. UNITED STATES of America, Respondent. UNITED STATES of America, Cross-Libelant, v. BLACK DIAMOND STEAMSHIP CORP., Cross-Respondent.

United States District Court D. Maryland.

July 31, 1964.

Attorney(s) appearing for the Case

Galland, Kharasch & Calkins, Washington, D. C., and Robert H. Williams, Jr., Baltimore, Md. (Robert N. Kharasch, Washington, D. C., advocate), for Black Diamond Steamship Corp.

Thomas J. Kenney, U. S. Atty., Baltimore, Md. (Lawrence F. Ledebur, Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., advocate), for the United States.

THOMSEN, Chief Judge.

The libel of Black Diamond Steamship Corp. (Black Diamond) seeks to recover $726,937.47 paid as "additional charter hire" for the use of government vessels under Contract No. MCc-41815 during the period September 1946 to August 1949. The libel is founded on two claims: first, a "cumulation" claim, which asserts that such additional charter hire should be calculated on Black Diamond's net profits cumulated...

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