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LUSTGARTEN v. UNITED STATES

No. 14.

28 F.2d 1014 (1928)

Benjamin LUSTGARTEN, an Infant, by His Guardian ad Litem, John A. Lydecker, Defendant in Error (Plaintiff Below), v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION and Consolidated Navigation Company, Inc., Plaintiffs in Error (Defendants Below).

Circuit Court of Appeals, Second Circuit.

October 29, 1928.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., and Edgar G. Wandless, both of New York City (Arthur M. Boal and Frederick R. Conway, both of Washington, D. C., and David B. Landis, of New York City, of counsel), for plaintiffs in error.

Silas B. Axtell, of New York City (Myron Scott, of New York City, of counsel), for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

Judgment affirmed, with costs. See Sloan Shipyards Corp. et al. v. Shipping Board Emergency Fleet Corp., 258 U.S. 549, 42 S.Ct. 386, 66 L. Ed. 762; U. S. Shipping Bd. Emergency Fleet Corp. v. Greenwald (C. C. A.) 16 F.2d 948

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