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SMITH v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORP.

Nos. 3, 4.

26 F.2d 337 (1928)

SMITH v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION. CATZ AMERICAN SHIPPING CO., Inc., v. SAME.

Circuit Court of Appeals, Second Circuit.

May 14, 1928.

Attorney(s) appearing for the Case

Emory R. Buckner and Charles H. Tuttle, U. S. Attys., both of New York City (Arthur M. Boal, of Washington, D. C., and Walter Schaffner and Harold F. Birnbaum, both of New York City, of counsel), for appellant.

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Prizer, of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

The steamship West Aleta was owned by the United States and was operated by the Emergency Fleet Corporation. Her fatal voyage commenced at Seattle, Wash., on December 19, 1919. She stopped at San Francisco, Cal., to take on additional cargo, whence she sailed on January 6, 1920, carrying cargo destined for Hamburg, Rotterdam, and Cardiff.

The Smith libel involves a quantity of bean oil shipped by the American Express Company at Seattle...

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