Legal Opinion

Black Diamond Steamship Corp. v. United States

District Court, D. Maryland

Decided July 31, 1964No. Adm. No. 3885Published

1Opinion of the Court

THOMSEN, Chief Judge.

The libel of Black Diamond Steamship Corp. (Black Diamond) seeks to recover $726,937.47 paid as “additional charter hire” for the use of government vessels under Contract No. MCc-41815 during the period September 1946 to August 1949. The libel is founded on two claims: first, a “cumulation” claim, which asserts that such additional charter hire should be calculated on Black Diamond’s net profits cumulated over the entire period of the contract; and second, a “sliding scale” claim, which asserts that additional charter hire due should be calculated at the rate of 50% of…

2Cases cited20 opinions

  1. Massachusetts Trustees of Eastern Gas & Fuel Associates v. United StatesSupreme Court of the United States · 1964
  2. SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
  3. American Eastern Corporation v. United StatesDistrict Court, S.D. New York · 1955
  4. American Export Lines, Inc. v. United States. New York and Cuba Mail Steamship Company v. United StatesUnited States Court of Claims · 1961
  5. American-Foreign Steamship Corp. v. United StatesCourt of Appeals for the Second Circuit · 1961

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