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MILLIKEN v. STONE

No. 114.

16 F.2d 981 (1927)

MILLIKEN et al. v. STONE, Atty. Gen., et al.

Circuit Court of Appeals, Second Circuit.

January 10, 1927.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Charles A. Ellis, of New York City, of counsel), for appellants.

Lord, Day & Lord, of New York City (Lucius H. Beers, Allen Evarts Foster, and John Vincent, all of New York City, of counsel), for appellees Cunard S. S. Co., Rostron, and Irvine.

Emory R. Buckner, U. S. Atty., of New York City (Herman T. Stichman, Asst. U. S. Atty., of New York City, of counsel), for other appellees.

Before MANTON, and HAND, Circuit Judges, and CAMPBELL, District Judge.

MANTON, Circuit Judge.

Appellants sue in equity seeking a decree declaring the treaty between the United States of America and Great Britain dated May 22, 1924 (43 Stat. 1761), repugnant to the Constitution and enjoining the officials of the United States named from adhering to and enforcing the terms of the treaty. The parties plaintiff are Milliken, a citizen, who sues individually as a mariner, and as secretary of the Neptune Association of Masters and Mates of...

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