Legal Opinion
United States of America, Libelant-Appellant v. Eastport Steamship Corporation
Court of Appeals for the Second Circuit
Decided May 6, 1958No. 24448_1PublishedCited by 70 opinions
1Opinion of the Court
WATERMAN, Circuit Judge.
The Government commenced this suit in the Southern District of New York to recover charter hire allegedly owed by the Eastport Steamship Corporation under a charter party entered into in 1947. Exceptive allegations to the libel were filed by Eastport, alleging that the Government’s claim was barred by res judi-cata,, and that the sums sought to be recovered had been voluntarily paid by the Government. The District Court sustained the exceptive allegations and dismissed the libel. 142 F.Supp. 375.
The basis for the Government’s claim is a charter party under which…
2Cases cited58 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Stoll v. GottliebSupreme Court of the United States · 1938
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3Cited by70 opinions
- Conopco, Inc. v. Roll International and Paramount Farms, Inc.Court of Appeals for the Second Circuit · 2000
- In Re Bulldog Trucking, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Nobelpharma AB v. Implant Innovations, Inc.Court of Appeals for the Federal Circuit · 1998
- United States v. Van CauwenbergheCourt of Appeals for the Ninth Circuit · 1991
65 more not listed; retrieve them via the Exa API.