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CHARLES NELSON CO. v. UNITED STATES

No. 8687.

11 F.2d 906 (1926)

CHARLES NELSON CO. v. UNITED STATES.

District Court, W. D. Washington, N. D.

April 2, 1926.

Attorney(s) appearing for the Case

Kerr, McCord & Ivey, of Seattle, Wash., for libelant.

Thomas P. Revelle, U. S. Dist. Atty., and Chas. E. Allen, District Counsel, both of Seattle, Wash., for the United States.

NETERER, District Judge.

Plaintiff's recovery must rest upon its right at the inception of the suit. Hollingsworth v. Flint, 101 U.S. 591, 25 L. Ed. 1028; American Bonding & Trust Co. v. Gibson County, 145 F. 871, 76 C. C. A. 155, 7 Ann. Cas. 522. Under section 954, R. S. (Comp. St. § 1591), courts have wide discretion in permitting amendments, and an amendment relates back to the time of the commencement of the action. Union...

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