THE BERGEN

No. 6866.

64 F.2d 877 (1933)

THE BERGEN.

Circuit Court of Appeals, Ninth Circuit.

April 24, 1933.


Attorney(s) appearing for the Case

H. F. Prince and Gibson, Dunn & Crutcher, all of Los Angeles, Cal., for appellant.

Gray, Cary, Ames & Driscoll, of San Diego, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.


SAWTELLE, Circuit Judge.

This was a libel in rem brought by appellant against the Bergen to recover the value of supplies furnished that vessel at the request of John E. Heston, who was then the managing owner and agent of the vessel. From the stipulation of facts, it appears that on September 30, 1927, the Bergen was sold to Heston by the Star & Crescent Boat Company, claimant and appellee, and Heston gave appellee a $40,000 purchase-money mortgage to secure...

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