United States v. The Jeanny

Good Law
111 F. Supp. 294·1953 U.S. Dist. LEXIS 2936
United States District Court, Northern District of CaliforniaMarch 30, 1953Nos. 26366-26360California365 words

Opinion

lead Opinion

Murphy, J.

The U. S. Marshal on March 20 and 21, 1953, arrested the tankers “Seven Seas” and “Jeanny” for alleged violations of 46 U.S.C.A. §§ 19 , 20, 21, 33, 41, 42, 60 and for violation of the provisions of §§ 2 and 9 of the Shipping Act of 1916, as amended, 46 U.S.C.A. §§ 802 , 808, as to citizenship, committed by North American Shipping and Trading Co., Inc., claimant in this cause. The vessels were purchased from the U. S. Maritime Commission, the Commission receiving the purchase price partly in cash and partly in preferred mortgages on both vessels.

Libelant United States claims forfeiture of the vessels and seeks • a decree that claimant should be ousted of title and possession. Claimant, reserving the jurisdictional question of power of this court over the vessels and the issue of title, seeks relief for the disposition of the ships pendente lite. He proposes a stipulation and bond that he will produce the ships to answer final decree; he will maintain all current maritime policies and obtain riders naming the court beneficiary in event of loss or damage in the interim; together with stipulation, on surety, the. vessels will be delivered to the Marshal as and if required by…

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