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THE DOYLE

No. 6815.

105 F.2d 113 (1939)

THE DOYLE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 5, 1939.

Attorney(s) appearing for the Case

Dechert, Smith & Clark, of Philadelphia, Pa. (Owen B. Rhoads, of Philadelphia, Pa., and Thomas H. Middleton, of New York City, of counsel), for appellant.

Howard M. Long and Howard T. Long, both of Philadelphia, Pa., and A. Moulton McNutt, of Camden, N. J., for appellee Cox.

Shields, Clark, Brown & McCown and Samuel B. Fortenbaugh, Jr., all of Philadelphia, Pa., for appellee Sheridan & Co.

Before MARIS and CLARK, Circuit Judges, and KALODNER, District Judge.

CLARK, Circuit Judge.

We are constrained to reverse the judgment of the learned district judge. We do so with a full realization of the rule applicable in admiralty and in other branches of the law where a judicial or quasi-judicial officer is the trier of the facts. The Calvert, Eastern Transp. Co. v. Insley, 4 Cir., 51 F.2d 494. In the instant case, however, we do not find occasion for...

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