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AMERICAN SHIPBUILDING & DOCK CORP. v. JOHN ROURKE & SONS

No. 4347.

4 F.2d 845 (1925)

AMERICAN SHIPBUILDING & DOCK CORPORATION et al. v. JOHN ROURKE & SONS.

Circuit Court of Appeals, Fifth Circuit.

March 10, 1925.

Attorney(s) appearing for the Case

Francis P. McIntire and Thomas F. Walsh, both of Savannah, Ga. (Morris H. Bernstein, of Savannah, Ga., on the brief), for appellants.

A. A. Lawrence and Edmund H. Abrahams, both of Savannah, Ga., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellee filed a libel in rem for materials furnished and work done on the concrete barge Amsadoc. Appellant, owner of the barge, answered, and contested appellee's claim as being excessive, and filed a cross-libel in personam for damages for delay, and later by amendment alleged that the material and work set out in the libel contributed to the building and completion of an entirely new vessel, and therefore that appellee's claim was not within...

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