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UNITED STATES v. DILLON

No. 4975.

64 F.2d 470 (1933)

UNITED STATES v. DILLON.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 25, 1933.

Attorney(s) appearing for the Case

Harlan Besson, U. S. Atty., of Hoboken, N. J., Isador S. Worth, Asst. U. S. Atty., of Riverside, N. J., and J. Frank Staley, of Washington, D. C., for the United States.

Park, Lynch & Hagen, of New York City, Smith & Slingerland, of Newark, N. J., and Charles W. Hagen and Henry C. Eidenbach, both of New York City, for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

By charter party dated December 17, 1917, Philip F. Dillon chartered a barge to the United States, with the customary provision for safe return. In accordance with the requirements thereof, Dillon manned the barge and operated it during the charter. Prior thereto, on November 27, 1917, a government tugboat had towed the barge to the government barge terminal at South Brooklyn, where some seventy to eighty other barges, under charge of their...

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