The facts stated by Circuit Judge Mack, who participated in the first hearing, are as follows:
In August, 1930, plaintiff, a citizen of Great Britain, then owner of the steamships Chiapas and Guerrero, was contractually bound to put the Chiapas into service by October 29, 1930, in carrying passengers from California to Mexico, and later, if necessary, to supply other vessels for this purpose. While engaged in fitting out the Chiapas, he became financially embarrassed...
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