THE LYDIA

Nos. 355, 356.

1 F.2d 18 (1924)

THE LYDIA. HUGH D. MacKENZIE CO., Limited, et al. v. LYDIA S. S. CO. et al. (two cases).

Circuit Court of Appeals, Second Circuit.

June 2, 1924.


Attorney(s) appearing for the Case

Edward H. Wilson and Alvin C. Cass, both of New York City, for appellants the Lydia and Susquehanna S. S. Co.

William J. Griffin and John M. Woolsey, both of New York City, for appellant National Surety Co.

Burlingham, Veeder, Masten & Fearey, of New York City (Ray Rood Allen and Frederic Conger, both of New York City, of counsel), for appellees.

Before HOUGH, MANTON, and MAYER, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

It must be emphasized that this appeal has vacated the decree of the District Court and that the case is here tried de novo (the John Twohy, 255 U.S. 77-79, 41 Sup. Ct. 251, 65 L. Ed. 511), although such new trial is conducted in accordance with our own rules. We have recently considered at length the rights of stipulators for value in suits in rem (The Cartona, 297 Fed. 827;...

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