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IRA S. BUSHEY & SONS v. W. E. HEDGER TRANSP. CORP.

No. 97, Docket 20747.

167 F.2d 9 (1948)

IRA S. BUSHEY & SONS, Inc. v. W. E. HEDGER TRANSP. CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 27, 1948.

Attorney(s) appearing for the Case

Horace M. Gray, of New York City, for respondent-appellant.

Christopher E. Heckman, of New York City (Foley & Martin and James A. Martin, all of New York City, on the brief), for libellant-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is a later stage of a case previously before us and reported as W. E. Hedger Transp. Corp. v. Ira S. Bushey & Sons, 2 Cir., 155 F.2d 321. That appeal involved solely a question of jurisdiction. Hedger, the owner of tugs and vessels subject to a preferred ship mortgage, had consented to a decree of the district court, March 8, 1945, foreclosing the mortgage. Then on April 4, 1945, it instituted a suit...

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