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THE ROSEMARY

No. 3766.

26 F.2d 354 (1928)

THE ROSEMARY. UNITED STATES v. SOUND MOTOR BOAT SERVICE, Inc.

Circuit Court of Appeals, Third Circuit.

April 30, 1928.

Attorney(s) appearing for the Case

Walter G. Winne, U. S. Atty., of Hackensack, N. J., Douglas M. Hicks, Asst. U. S. Atty., of New Brunswick, N. J., and Arthur W. Henderson, of Washington, D. C., for the United States.

Louis Halle, of New York City, for appellee.

Before BUFFINGTON, WOOLLEY and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case involves the question, what territory is embraced in the state, and consequently in the district, of New Jersey? The answer to that question rests on certain basic facts: First, by the act of Congress of 1789 (incorporated into section 96 of the Judicial Code [28 USCA § 176]), it was provided "the state of New Jersey shall constitute one judicial district to be known as the district of New Jersey," of which act the Supreme...

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