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THE JOHN E. BERWIND

No. 213.

56 F.2d 13 (1932)

THE JOHN E. BERWIND. CADRO et al. v. VREDENBURGH et al.

Circuit Court of Appeals, Second Circuit.

February 15, 1932.

Attorney(s) appearing for the Case

Thomas A. McDonald, of New York City (Franklin M. Depew, of New York City, of counsel), for appellant O'Boyle.

Winifred Sullivan, of New York City, for libelants-appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

The libelants were the crew of the steam tug John E. Berwind, and filed a libel for seamen's wages against the tug, O'Boyle, the registered owner, and Vredenburgh, alleging that the tug was operated by O'Boyle and Vredenburgh as agent of O'Boyle. Vredenburgh was not served with process. The District Court granted a decree to libelants against the tug and O'Boyle, from which O'Boyle now appeals. There is no doubt that libelants were...

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