LEMBECK v. UNITED STATES SHIPPING BOARD EMERGENCY F. CORP.

No. 355.

9 F.2d 558 (1925)

LEMBECK v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 13, 1925.


Attorney(s) appearing for the Case

Arthur Lavenburg, of New York City, for plaintiff in error.

Ralph C. Greene, of Brooklyn, N. Y. (Joseph H. Dreyer, of counsel), for defendant in error.

Before ROGERS, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge.

We think that the plaintiff's proof comes to nothing more than that the defendant paid the crew. The pay roll and the documents covering the coal did not emanate from the defendant, nor were they sent to it, so far as appears. Taken alone, the payment of the crew might be enough to establish prima facie that the defendant operated the ship, though that question we do not find it necessary to decide. It becomes of no moment in the light of the...

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