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THE TUSCANIA

No. 350.

42 F.2d 168 (1930)

THE TUSCANIA.

Circuit Court of Appeals, Second Circuit.

June 9, 1930.

Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (George de Forest Lord and James S. Hemingway, both of New York City, of counsel), for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Mary R. Towle, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The primary dispute is whether the alien seamen were discharged or deserted. They were Italians who signed the ship's articles at Naples, Italy, on August 20, 1923, four as stewards and one as cook. The intention of the appellant was to pay off and discharge them at New York, and, upon the Tuscania's arrival on September 1, 1923, there was filed with the Commissioner of Immigration a manifest (Libelant's Exhibit 3), in which they were listed among...

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