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UNITED STATES v. CARGO, ETC., OF COAL

Nos. 3366, 3367.

11 F.2d 809 (1926)

UNITED STATES of America, Substituted for R. Bergman, Master of the Steamer Henry County, Appellant, v. CARGO of About 3,253 Tons of COAL Laden on Board Steamer HENRY COUNTY, Whereof William Jacks & Co., Inc., is Claimant, Appellee. UNITED STATES of America, Substituted for Martin Miller, Master of the Steamer Franklin County, Appellant, v. CARGO of About 3,248 Tons of COAL Laden on Board Steamer FRANKLIN COUNTY, Whereof William Jacks & Co., Inc., is Claimant, Appellee.

Circuit Court of Appeals, Third Circuit.

February 27, 1926.

Attorney(s) appearing for the Case

George W. Coles, U. S. Atty., and Joseph L. Kun, Asst. U. S. Atty., both of Philadelphia, Pa., and Harold F. Birnbaum and Arthur M. Boal, both of Washington, D. C., for the United States.

T. Catesby Jones and James W. Ryan, both of New York City, and Howard H. Yocum, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM.

The same questions of law and fact are involved in the above two cases. They were tried together and disposed of in one opinion in the District Court. The United States Shipping Board Emergency Fleet Corporation, owner of the steamers Henry County and Franklin County, through its agent, Potter Transportation Company, Inc., entered into two contracts of affreightment on May 28, 1920, with William Jacks & Co...

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