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THE AMERICAN

Nos. 238, 246.

40 F.2d 942 (1930)

THE AMERICAN. THE IMPERATOR.

District Court, D. Massachusetts.

February 24, 1930.

Attorney(s) appearing for the Case

In case No. 238:

Blodgett, Jones, Burnham & Bingham, of Boston, Mass., for libelant.

John J. Cunningham, J. M. Marshall, Lincoln S. Simonds, MacInnis & Wonson, Frederick H. Tarr, and R. Chandler Davis, all of Gloucester, Mass., G. Philip Wardner, Blodgett, Jones, Burnham & Bingham, C. J. Halligan, Jr., and Thompson, Spring & Mears, all of Boston, Mass., for intervening petitioners.

In case No. 246:

Blodgett, Jones, Burnham & Bingham, of Boston, Mass., for libelant.

Frederick H. Tarr, Lincoln S. Simonds, J. M. Marshall, MacInnis & Wonson, and R. Chandler Davis, all of Gloucester, Mass., G. Philip Wardner, of Boston, Mass., and Safety Fumigating Co. pro se, for intervening petitioner.

BREWSTER, District Judge.

The above-entitled matters are before the court on the intervening petition of one John P. Babine, to which petition the libelants and other intervening petitioners have filed exceptions. In his petition, Babine asks only to be allowed to protect his interest in any surplus remaining in the registry after satisfying maritime and other liens having priority.

The facts are these: While on board the schooner American, Babine was injured...

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