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THE AUGUSTINE

8 F.2d 287 (1924)

THE AUGUSTINE. THE BISMARCK. THE IMPERATOR (now BERENGARIA).

District Court, S. D. New York.

March 14, 1924.

Attorney(s) appearing for the Case

William Hayward, U. S. Atty., of New York City (Ralph B. Romaine, of New York City, of counsel), for the United States.

Charles J. Carroll, Asst. Corp. Counsel, of Brooklyn, N. Y., for City of New York.

Bigham, Englar & Jones, of New York City (Leonard J. Matteson, of New York City), for the Augustine.

Lord, Day & Lord, of New York City (Allan B. A. Bradley and George De Forest Lord, both of New York City), for Cunard S. S. Co.

Foley & Martin, of New York City (William J. Martin, of New York City), for the Bismarck.

WARD, Circuit Judge.

These cases were tried together.

First Case.

August 4, 1920, the United States filed a libel of information against the steam tug Augustine and the scow D. S. C. No. 5, under section 3 of the Act of June 29, 1888, c. 496 (25 Stat. L. 209), as amended by the Act of August 18, 1894 (28 Stat. L. 360, § 3), and the Act of May 28, 1908 (35 Stat. L. 426, § 8 [Comp. St. § 9935]). The second paragraph of section 3 concludes...

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