Seaboard Fruit Co., Inc. v. United States

CAFFEY, District Judge.

There are two preliminary matters which I think should be mentioned. These are as follows:

First. In the papers there is objection to a proposed order, dated May 7, 1946, overruling respondent’s exceptions to the libel. Under date of May 14, 1946, as I understand its position, the respondent requested that the order be set aside. In paragraph 2 of the May 14, 1946, notice of motion the respondent includes the statement that “the libelant sues the United States of America as assignee only, for cargo loss and damage, * * *

Apparently the parties agree that the order of May…