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UNITED STATES v. GALVESTON DRY DOCK & CONST. CO.

No. 7584.

76 F.2d 277 (1935)

UNITED STATES et al. v. GALVESTON DRY DOCK & CONST. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1935.

Attorney(s) appearing for the Case

F. R. Conway, Atty., U. S. Shipping Board, and J. Frank Staley, Atty., Dept. of Justice, both of Washington, D. C., and Douglas W. McGregor, U. S. Atty., of Houston, Tex., for the United States.

Albert J. DeLange, of Houston, Tex., and Brantly Harris and Maco Stewart, both of Galveston, Tex., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

This is a libel filed by appellee on December 24, 1923, for repairs made in 1920 to the Steamship Latham, against the United States, its owner, and the Emergency Fleet Corporation. A prior libel, in all respects similar except that it was against the Fleet Corporation only, brought in July, 1923, was in September 1923, dismissed by the libelant, as it is stipulated, not because of a lack of prosecution, but for the reason that "it had not been...

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