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NEW ORLEANS COAL & BISSO TOWBOAT CO. v. UNITED STATES

No. 8055.

89 F.2d 967 (1937)

NEW ORLEANS COAL & BISSO TOWBOAT CO. et al. v. UNITED STATES et al.

Circuit Court of Appeals, Fifth Circuit.

April 30, 1937.

Attorney(s) appearing for the Case

Esmond Phelps, W. B. Spencer, W. B. Spencer, Jr., and Selim B. Lemle, all of New Orleans, La., for appellants.

Lucian Y. Ray, Sp. Atty. in Admiralty, William I. Connelly, Senior Examiner, Ins. Division, U. S. Shipping Board, Edouard F. Henriques, M. A. Grace, Edwin H. Grace, Danil H. Grace, and Milton C. Grace, all of New Orleans, La., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

PER CURIAM.

In entering the judgment in this case, the allowance of costs on appeal was inadvertently omitted. The court is of the opinion that appellants are entitled to recover their costs of appeal. Under provisions of our rule 31 (4), costs are not allowed for or against the United States. The other appellees should not be penalized in this respect.

It is therefore ordered that the judgment herein be amended by allowing costs of appeal to appellants to...

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