United States v. M/v Marilena P and Her Appurtenances, in Rem, and Marilena Compania Naviera, S. A., a Corporation, in Personam

(dissenting) :

Incorrectly, in my view, the majority penalizes the praiseworthy effort of the United States to effect the simultaneous arrival of ammunition, rations and combat military goods needed by military personnel who were being transported to Vietnam by separate troop ship. My opinion is that the charter party was totally breached; the United States acted reasonably under the circumstances; there was no factual or legal defense to the breach; and the district judge correctly assessed the damages of the United States against the ship and her owner.

The facts need not be repeated. The…