SWAN, Circuit Judge (after stating the facts as above).
The claimant of the tugs took no appeal from the interlocutory decree in favor of the libelant; it seeks now, on the theory that this is a trial de novo, to raise the question of liability. Naturally no appeal was taken by the claimant from the final decree dismissing the libel, and no error has been assigned by the appellee to any part of the record. The libelant's appeal, however, brings up the whole case for...
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