United States of America, Libelant-Appellant v. Eastport Steamship Corporation

I dissent and would reverse the decree of the District Court and give the United States an opportunity to prove its maritime claim for charter hire, subject to such denials and defenses as may be addressed to the merits of the claim alleged in the libel.

What is at bottom a simple case has been complicated by the forum shopping and other procedural maneuvers of the parties.

We start with a judgment of the Court of Claims for $54,097.16 in favor of Eastport, pursuant to the stipulation of June 8, 1954, which reduced East-port's claim for $100,000 to the amount for which judgment was rendered, as…