Dichman, Wright & Pugh, Inc. v. United States

DIMOCK, District Judge.

This is a suit in admiralty to recover amounts of charter hire which libelant claims to have overpaid. Three “causes of action” are set forth in the libel but the first and third have been held to be time barred. Respondent United States, the shipowner, excepts to the second on the ground of insufficiency.

Libelant seeks to recover amounts paid, under a sliding scale of “additional charter hire” set forth in the charter party, insofar as they exceed 50% of so much of its profits as exceed 10% on the capital employed in the operation of the ships. It cites in support of…