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THE JOHN J. TIMMINS

14 F.2d 435 (1926)

THE JOHN J. TIMMINS.

District Court, S. D. New York.

March 10, 1926.

Attorney(s) appearing for the Case

Harison & Hewitt, of New York City, for libelant.

Burlingham, Veeder, Masten & Fearey, of New York City (C. B. Manley O'Kelley, of New York City, of counsel), for claimant.

THACHER, District Judge (after stating the facts as above).

The libelant having delayed the commencement of this suit for a period of 5 years and 43 days, this period should be excluded in computing interest upon damages allowed by the commissioner. Arpillao (C. C. A.) 270 F. 426, 429; James McWilliams, 240 F. 951, 153 C. C. A. 637.

To this extent the exceptions are sustained, and final decree may be entered...

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