Zeller Marine Corp. v. United States
District Court, S.D. New York
1Opinion of the Court
KENNEDY, District Judge.
This is a libel in personam against the United States of America arising out of the fact that on January 29, 1944, libelant’s deck scow Zeller No. 10 was chartered for an indefinite period to the respondent by an oral bare-boat charter, the owner’s bargee being supplied. The claim is that on February 7, 1944, Zeller No. 10 was returned to libelant in damaged condition, which was not produced by ordinary wear and tear. Libelant bases its claim upon the Tucker Act, 28 U.S.C.A. § 41, subd. 20.
There is no doubt in my mind that the libelant is entitled to an interlocutory…
2Cases cited7 opinions
- Eastern Transportation Co. v. United StatesSupreme Court of the United States · 1927
- Brady v. Roosevelt Steamship Co.Supreme Court of the United States · 1943
- United States Shipping Bd. Emergency Fleet Corporation v. Rosenberg Brothers & Co.Supreme Court of the United States · 1928
- The Everett FowlerCourt of Appeals for the Second Circuit · 1945
- Conners Marine Co. v. Petterson Lighterage & Towing Corp.Court of Appeals for the Second Circuit · 1945
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3Cited by2 opinions
- Eastern S. S. Lines, Inc. v. United StatesCourt of Appeals for the First Circuit · 1951
- Cleary Bros. v. Christie Scow Corp.District Court, E.D. New York · 1952