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METROPOLITAN S. S. CO. v. EASTERN S. S. LINES

No. 2063.

16 F.2d 424 (1926)

METROPOLITAN S. S. CO. v. EASTERN S. S. LINES, Inc.

Circuit Court of Appeals, First Circuit.

December 18, 1926.

Attorney(s) appearing for the Case

La Rue Brown, of Boston, Mass. (W. S. Linnell and Bradley, Linnell & Jones, all of Portland, Me., and Brown, Field & McCarthy, of Boston, Mass., on the brief), for appellant.

C. A. Hight and Albert A. Schaefer, both of Boston, Mass. (Ropes, Gray, Boyden & Perkins, of Boston, Mass., Charles D. Booth, of Portland, Me., John B. Pierce, of Boston, Mass., and Verrill, Hale, Booth & Ives, of Portland, Me., on the brief), for appellee.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

PER CURIAM.

The appellee is the purchaser of steamship and wharf properties, sold under decree of the court below in receivership proceedings begun in November, 1914, and consolidated with a bill to foreclose a mortgage. The decree of March 9, 1917, authorizing the sale of certain receivership assets of the Eastern Steamship Corporation, the original defendant, contained the following pertinent provision:

"But this is upon the express condition, to which the...

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