PARTIES - LACK OF CONTROVERSY WHERE PARTIES REPRESENT SAME INTERESTS

Authors

Michigan Law Review, University of Michigan Law School

Abstract

The United States on July 19,1941, filed libels to forfeit Italian vessels for willful damage done to such vessels contrary to statute. On September 9, 1941, the United States Maritime Commission requisitioned the use of said vessels. The act authorizing such requisitioning provided for the determination of just compensation for the use of the ships or damage for injuries thereto during use by the government. Pursuant to proper authority the Alien Property Custodian on July 22, 1942, declared vested in himself all right, title and interest, if any, of the claimants in the vessels in the interest, and for the benefit, of the United States, and filed petitions praying to be substituted for the prior owners of the ships who were the claimants in the admiralty proceedings for forfeiture instituted by the United States. Held, substitution denied because it would leave no adverse interests before the court and would infringe the statutory power of enemy owners to defend against forfeiture, The Pietro Campanella, (D.C. Md. 1942) 47 F. Supp. 374.

Recommended Citation

Michigan Law Review, PARTIES - LACK OF CONTROVERSY WHERE PARTIES REPRESENT SAME INTERESTS, 42 Mich. L. Rev. 170 (1943).
Available at: https://repository.law.umich.edu/mlr/vol42/iss1/14