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ELLIOT v. LOMBARD

No. 6816.

66 F.2d 662 (1933)

ELLIOT v. LOMBARD.

Circuit Court of Appeals, Fifth Circuit.

August 4, 1933.

Attorney(s) appearing for the Case

Wm. A. Van Siclen and Merritt Barton, both of Ancon, Canal Zone, for appellant.

Purnell M. Milner, of New Orleans, La., L. S. Carrington, of Ancon, Canal Zone, and Carlos Icaza A., of Panama City, R. P., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

FOSTER, Circuit Judge.

Lombard, owner of the motor ship Lucky Girl and a sand barge, filed a libel in rem against the motor ship Real and in personam against her owner, Elliot, to recover damages for a collision between the said vessels. The Real was seized under admiralty process, was claimed by Elliot as owner, and was released on a stipulation with the United States Fidelity & Guaranty Company as surety. The condition of stipulation was as follows: "Now, therefore...

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