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HUDSON WATERWAYS CORP. v. UNITED STATES

No. 73 Civ. 3940.

414 F.Supp. 1397 (1976)

HUDSON WATERWAYS CORPORATION and Seatrain Lines, Inc., Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. S.S. SEATRAIN OHIO, her engines, boilers, etc., Third-Party Defendant.

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

June 22, 1976.

Attorney(s) appearing for the Case

Burke & Parsons, New York City, for plaintiffs; Raymond J. Burke, Jr., New York City, of counsel.

Paul J. Curran, U. S. Atty., Admiralty & Shipping Section, Dept. of Justice, New York City, for defendant and third-party plaintiff; Philip A. Berns, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

Plaintiffs, Hudson Waterways Corporation ("Hudson") and Seatrain Lines, Inc. ("Seatrain"), seek to recover $340,000 for damages sustained by the S.S. Seatrain Ohio ("Ohio"), while the vessel was operating under a time charter with defendant, United States of America, through the Department of the Navy, Military Sealift Command. Defendant has waived its sovereign immunity and consented to be sued, for the claims here...

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