BRENDAN CHARTER. CORP. v. FOS SHIP. CO., LTD., FAMAGUSTA

No. 71 C 403.

378 F.Supp. 368 (1974)

BRENDAN CHARTERING CORPORATION, Plaintiff, v. FOS SHIPPING CO., LTD., FAMAGUSTA (CYPRUS), Defendant, and Bank of America, Intervenor.

United States District Court, E. D. New York.

On Motion for Reconsideration July 1, 1974.


Attorney(s) appearing for the Case

John J. Devine, Jr., New York City, and Alan Van Praag (Poles, Tublin, Patestides & Stratakis, New York City, of counsel), for plaintiff.

Francis H. McNamara, New York City (Hill, Betts & Nash, New York City, of counsel), for defendant and intervenor.


DOOLING, District Judge.

Plaintiff objects to the taxation of the ship-keeping (and wharfage) charges incurred by the vessel with the Marshal. Defendant paid these to secure the release of the vessel from three attachments of which plaintiff's was the first and, perhaps, the one that precipitated the other two because it tied the ship up. Defendant suggests that the Marshal's charges should be pro-rated among the suitors in the proportion of the number of days each...

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