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UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION v. STANDARD SHIPBUILDING CORPORATION

No. 3201.

3 F.2d 1022 (1925)

UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION, Defendant-Appellant, v. STANDARD SHIPBUILDING CORPORATION, Albert Conway, William A. Young, and Alfred A. Stein, as Receivers of the Property of Defendant Standard Shipbuilding Corporation, Defendants-Appellees, and Shooters Island Shipyard Company, Complainant-Appellee.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 7, 1925.

Attorney(s) appearing for the Case

Walter G. Winne, U. S. Atty., of Hackensack, N. J. (Chauncey G. Parker and John M. Emery, both of Newark, N. J., of counsel), for appellant.

William St. John Tozer and White & Case, all of New York City (Joseph M. Hartfield and Jeremiah M. Evarts, both of New York City, of counsel), for Shooters Island Co. Conover English, of Newark, N. J., for Standard Co.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The main question in this case concerns the priority of liens of two mortgages given by the Standard Shipbuilding Corporation, — one to Shooters Island Shipyard Company covering after-acquired property and the other to the United States Shipping Board Emergency Fleet Corporation covering the same property. This question is one of law and its solution depends on other questions of law, — whether the mortgage to the Shipping Board...

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