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THE GDANSK

No. 30.

3 F.2d 565 (1924)

THE GDANSK.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

Loomis & Ruebush, of New York City (Homer Loomis and J. Newton Nash, both of New York City, of counsel), for appellant.

Rushmore, Bisbee & Stern, of New York City (Charles P. Howland and Bertram F. Shipman, both of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The first of these libels was filed on January 28, 1922, against the steamship Gdansk. The vessel was sold by the marshal July 30, 1922, pursuant to a decree entered in a suit filed by a repair company. Thereupon the appellant filed a libel against the proceeds of the sale. The two libels alleged practically the same cause of action, and by order of the court were tried as one. On March 17, 1921, the vessel, carrying alien passengers, arrived...

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