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CRISCUOLO v. ATLAS IMPERIAL DIESEL ENGINE CO.

No. 7627.

84 F.2d 273 (1936)

CRISCUOLO et ux. v. ATLAS IMPERIAL DIESEL ENGINE CO. et al.

Circuit Court of Appeals, Ninth Circuit.

June 15, 1936.

Attorney(s) appearing for the Case

H. W. Hutton, of San Francisco, Cal., for appellants.

Thomas A. Thacher, Harrison A. Jones, and W. Kevin Casey, all of San Francisco, Cal., for appellees.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a decree in equity. Appellants' bill alleges they are owners and payees of a promissory note from a former owner of the oil screw General Pershing, secured by a mortgage of the vessel made before launching and recorded in the recorder's office in Monterey county, where the vessel was under construction. The bill sought to impose a trust upon the funds received by the appellee Atlas Imperial Diesel Engine Company from a...

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