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BRITAIN S.S. CO., Limited, v. MUNSON S.S. LINE.

Suit by the Britain Steamship Company, Limited, against the Munson Steamship Line. Decree for libelant.

Conforming to opinion of Circuit Court of Appeals in 31 F.2d 530.

KNOX, District Judge.

It is my interpretation of the opinion of the Circuit Court of Appeals, 31 F.2d 530, that it was intended that libelant's damages should be the difference between the first contractual obligation of the charterer, at the rate of hire therein specified, and the amount paid on the later charter over the period within which the vessel should not have been redelivered, viz., $1,747.89.

I likewise feel that the appellate court did not mean that the time consumed in fumigating the vessel should be at charterer's expense. During that period she was, as it were, off hire. I have amended the within decree accordingly, and as amended have signed the same.

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BRITAIN S.S. CO. v. MUNSON S.S. LINE, (S.D.N.Y. 1929)
(Jul 1, 1929)