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CROSS v. UNITED STATES

8 F.2d 86 (1923)

CROSS et al. v. UNITED STATES.

District Court, S. D. New York.

March 23, 1923.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City, for libelant.

William Hayward, of New York City, (Walter Schaffner, Sp. Asst. U. S. Atty., of New York City, in Admiralty, of counsel), for the United States.

GODDARD, District Judge.

A libel in personam lies against the government for salvage, quite independent of any lien upon the goods salvaged. U. S. v. Cornell S. S. Co., 202 U.S. 184, 26 S.Ct. 648, 50 L. Ed. 987. The present rule 18 is not to be understood as changing the former rule 19, which enacted that a libel in personam would lie "against the person at whose request or for whose benefit salvage services were performed." These services...

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