THE MISTINGUETTE

Nos. 104-112.

27 F.2d 738 (1928)

THE MISTINGUETTE. UNITED STATES v. 416 CASES G. T. WHISKY, etc.

Circuit Court of Appeals, Second Circuit.

July 2, 1928.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Thomas E. Kerwin and Herman T. Stichman, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Louis Halle, of New York City (Nathan April, of New York City, of counsel), for claimant.

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


SWAN, Circuit Judge.

These two appeals were argued together and a single opinion will suffice to dispose of both. The evidence is that the auxiliary schooner Mistinguette was discovered by the watch officer of the Coast Guard vessel Porter at 1 o'clock a. m. on March 2, 1926. She was then less than 3 miles from shore and was headed toward Montauk Point. She was running without lights, and when detected by the Porter she turned...

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