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THE M. L. C. NO. 10.

Nos. 182-185.

10 F.2d 699 (1926)

THE M. L. C. NO. 10. THE LEVIATHAN. THE SOUTHERN CROSS. THE ALLAN.

Circuit Court of Appeals, Second Circuit.

February 1, 1926.

Attorney(s) appearing for the Case

Abraham M. Grill, of New York City, for appellants.

Davies, Auerbach & Cornell, of New York City (Harper A. Holt, Charles E. Hotchkiss, Alexander J. Feild, and Murray C. Bernays, all of New York City, of counsel), for appellees.

Julius Henry Cohen, of New York City (Wm. Victor Goldberg, of New York City, on the brief), for Port of New York Authority, amicus curiæ.

Park, Mattison & Lynch, of New York City (Samuel Park and Anthony V. Lynch, Jr., both of New York City, of counsel), for respondents impleaded.

Before ROGERS, HOUGH, and MACK, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

The petitions by which the shipowners were impleaded are something of a curiosity, and should, as matter of pleading, have been met by a peremptory exception.

After setting out that the lighters libeled had either taken export cargo to an outgoing steamer or received imported goods from an incoming vessel, each petition avers that "there was and still is a general custom and usage in the shipping and...

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