UNITED STATES v. 2,180 CASES OF CHAMPAGNE


8 F.2d 764 (1925)

UNITED STATES v. 2,180 CASES OF CHAMPAGNE, etc.

District Court, E. D. New York.

May 15, 1925.


Attorney(s) appearing for the Case

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (Howard Osterhout, Asst. U. S. Atty., of Mineola, N. Y., of counsel), for the United States.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Cletus Keating and Delbert M. Tibbetts, both of New York City, of counsel), for claimant.


GARVIN, District Judge.

This proceeding was originally tried on the common-law side of the court, a jury being waived by consent. After a decision in favor of libelant, the claimant moved to set aside all proceedings on the ground that the court sitting in common law lacked jurisdiction, and that the suit should have been tried as an action in admiralty, citing United States v. Schooners Betsy and Charlotte, 4 Cranch, 443,...

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