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DETROIT TRUST CO. v. BARLUM S. S. CO.

56 F.2d 455 (1932)

DETROIT TRUST CO. v. BARLUM S. S. CO. (two cases). THE THOMAS BARLUM. THE JOHN J. BARLUM.

District Court, W. D. New York.

February 17, 1932.

Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone, of Detroit, Mich., and Stanley & Gidley, of Buffalo, N. Y. (Ray M. Stanley, of Buffalo, N. Y., of counsel), for libelant.

George E. Brand, of Detroit, Mich., (Thomas C. Burke and Charles S. Desmond, both of Buffalo, N. Y., of counsel), for claimant.

ADLER, District Judge.

Libels were filed herein for the foreclosure of two preferred mortgages on the steamers Thomas Barlum and John J. Barlum. Exceptions to the libels are filed by Barlum Steamship Company, claimant of both steamers.

The principal ground of the exceptions is that the statute under which the libels are brought is null, void, and of no effect, and violative of the United States Constitution.

The foreclosures herein are being prosecuted...

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