THE PRESIDENT ARTHUR


28 F.2d 391 (1928)

THE PRESIDENT ARTHUR.

District Court, S. D. New York.

August 2, 1928.


Attorney(s) appearing for the Case

Purrington & McConnell, of New York City, for libelant.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City, for claimant (receiver).


On Exceptions to Report of Special Commissioner.

THACHER, District Judge.

Upon the question of deviation I concur with the commissioner in holding that decision is controlled by The Willdomino, 272 U.S. 718, 47 S.Ct. 261, 71 L. Ed. 491, notwithstanding the decision of the Supreme Court in The Malcolm Baxter (No. 459, October Term, 1927) 48 S.Ct. 516, 72 L. Ed. 901, decided a few days before the commissioner rendered his decision...

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