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THE BETTINA

C-2957

3 F.Supp. 39 (1933)

THE BETTINA.

District Court, E. D. New York.

April 7, 1933.

Attorney(s) appearing for the Case

Moses Polakoff, of New York City, and Harold L. Cowin, of Brooklyn, N. Y., for petitioner.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Alfred C. McKenzie and Leonard Greenstone, Asst. U. S. Attorneys, both of Brooklyn, N. Y., of counsel), for libelant.

BYERS, District Judge.

This is a motion for an order vacating the attachment made under process issued pursuant to the libel herein, and for a dismissal of the libel and the return of the property seized.

The theory of the motion is that the libelant cannot succeed upon the hearing for the reason that the evidence which it will necessarily have to offer consists of the vessel seized and her cargo; and since it has...

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