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THE SMITH & TERRY NO. 3

No. 324.

26 F.2d 964 (1928)

THE SMITH & TERRY NO. 3. TEBO YACHT BASIN CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 18, 1928.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City, for appellant Tebo Yacht Basin Co.

Bigham, Englar & Jones, of New York City (W. H. Woolley and Stanley W. Schaefer, both of New York City, of counsel), for appellant P. Dougherty Co.

Charles H. Tuttle, U. S. Atty., of New York City (Charles E. Wythe, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

The appellant, Tebo Yacht Basin Company, obtained a decree against the barge Smith & Terry No. 3 in rem for repairs, supplies, and assistance furnished to it. P. Dougherty & Co. also obtained a decree pro confesso for towage services. The barge was sold by order of the court and the money deposited in the registry of the court.

The United States of America sold the barge Smith & Terry...

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