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UNITED STATES v. SMITH

No. 4627.

12 F.2d 265 (1926)

UNITED STATES v. SMITH et al.

Circuit Court of Appeals, Fifth Circuit.

March 8, 1926.

Attorney(s) appearing for the Case

Edouard F. Henriques, Sp. Asst. in Admiralty to U. S. Atty., Geo. H. Terriberry, and Walter Carroll, all of New Orleans, La., for the United States.

W. J. Waguespack and Herbert W. Waguespack, both of New Orleans, La., for appellees.

Before WALKER and BRYAN, Circuit Judges, and GRUBB, District Judge.

BRYAN, Circuit Judge.

This is a libel by the crew of the steamship Hahira for wages, in which it is alleged that the master failed to comply with a demand for half wages at the port of New Orleans, and that the crew thereupon became entitled, under R. S. § 4530, as amended (Comp. St. § 8322), to the balance of wages earned and remaining unpaid. The defenses were that the cargo had not been loaded or delivered at New Orleans, that nevertheless the master...

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