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THE PORTCHESTER

No. 182.

56 F.2d 579 (1932)

THE PORTCHESTER. JOHN W. SULLIVAN CO. v. MUTUAL TRUST CO. OF WESTCHESTER COUNTY.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.

Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Edward Ash and Lawson R. Jones, both of New York City, of counsel), for appellant.

Paul C. Matthews, of New York City (Archibald F. McGrath, of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

This libel was filed on May 17, 1930, claiming a maritime lien under the Act of June 5, 1920 (46 USCA § 971), for labor and materials supplied to the vessel in an aggregate amount of some $2,200, of which $1,680 still remained unpaid. Only $530 of such balance was for work performed within one year prior to the date of suit; the remaining $1,150 was for repairs rendered earlier. Accordingly, under the doctrine of Nolte v. Hudson Navigation...

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