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THE BERGEN

No. 1372.

7 F.2d 379 (1925)

THE BERGEN. MARTINS et al. v. JOSEPH et al.

District Court, S. D. California, S. D.

July 23, 1925.

Attorney(s) appearing for the Case

Henry E. Carter, of Los Angeles, Cal., for libelant Wilmington Iron Works.

Dan Laubersheimer, of Los Angeles, Cal., for interveners Fellows & Stewart.

Perry F. Backus, of Los Angeles, Cal., for intervener Joseph.

Loucks & Phister, of San Pedro, Cal., for interveners Farley, Johnson, Joseph & G. M. Josselyn & Co., San Pedro Hardware Co., and San Pedro Rubber & Supply Co.

McCORMICK, District Judge.

I am unable to concur in the decision of the special commissioner to whom this cause was referred. Under the findings of the commissioner and under the stipulation of proctors for the respective parties herein the mortgage of the steamship Bergen, dated May 2, 1922, in favor of George W. Joseph cannot be held to be preferred as against the liens of the libelant and certain interveners.

I find that the prerequisites, under subdivisions...

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