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UNITED STATES v. JARDINE

No. 7919.

81 F.2d 745 (1935)

UNITED STATES v. JARDINE. THE CACOETHES.

Circuit Court of Appeals, Fifth Circuit.

December 26, 1935.

Attorney(s) appearing for the Case

J. Frank Staley, Atty., Department of Justice, of Washington, D. C., John W. Holland, U. S. Atty., of Jacksonville, Fla., and W. Sanders Gramling, Asst. U. S. Atty., of Miami, Fla., for the United States.

Willard M. Harris, of Philadelphia, Pa., and Walter Carroll, of New Orleans, La., for appellee.

Before SIBLEY, HUTCHESON, and WALKER, Circuit Judges.

HUTCHESON, Circuit Judge.

This appeal concerns the libel of the gas screw Cacoethes, a public vessel of the United States. It is from a decree establishing a maritime lien for $2,391.38 and condemning the vessel for its payment. When seized under the writ of attachment, the Cacoethes was in the actual physical possession of the United States, being employed as a coast guard vessel in the customs service.

The libel alleged that while the vessel was in the port...

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