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THE PENDRAGON CASTLE

No. 109.

5 F.2d 56 (1924)

THE PENDRAGON CASTLE. THE SAPINERO. LANCASHIRE SHIPPING CO., Limited, v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 15, 1924.

Attorney(s) appearing for the Case

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

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Robert S. Erskine, of New York City, of counsel), for appellee.

Before ROGERS and HOUGH, Circuit Judges, and LEARNED HAND, District Judge.

HOUGH, Circuit Judge.

The leading facts are not in dispute. The Sapinero was a new cargo boat, which on March 12, 1919, sailed from Philadelphia for Falmouth, England, with a cargo of grain. Late in the afternoon of March 19th the Pendragon Castle, which was on a voyage to Havre, France, began to receive wireless messages from the Sapinero's master. These messages stated that his grain had gotten into the pump suctions; that his "condition is not serious at present...

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