LAYNE & BOWLER CORP. v. UNITED STATES S. BOARD E. FLEET CORP.

No. 5404.

27 F.2d 39 (1928)

LAYNE & BOWLER CORPORATION et al. v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION et al.

Circuit Court of Appeals, Ninth Circuit.

June 18, 1928.


Attorney(s) appearing for the Case

Samuel W. McNabb, U. S. Atty., and Elden McFarland, Asst. U. S. Atty., both of Los Angeles, Cal., and F. R. Conway, Asst. Admiralty Counsel U. S. Shipping Board, of Washington, D. C.

Glensor, Clewe, Van Dine & Turcotte, of Los Angeles, Cal., for appellees.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.


HUNT, Circuit Judge.

Appeal by the United States from a decree for libelants, growing out of a libel in rem and in personam, for the recovery of an alleged duplicate payment of freight for the transportation of certain pig iron shipped on April 11, 1921, by steamer Anna E. Morse, consigned to the order of libelants, from Mobile, Ala., to Los Angeles, Cal. The suit was brought under Suits in Admiralty Act March 9, 1920 (41 Stat. 525 [46 USCA §§ 741-752; Comp...

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