THE YOUNGSTOWN

No. 9324.

110 F.2d 968 (1940)

THE YOUNGSTOWN. MADDEN et al. v. LYKES BROS. RIPLEY S. S. CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 24, 1940.


Attorney(s) appearing for the Case

R. A. Dowling, of New Orleans, La., for appellants.

Geo. H. Terriberry, Jos. M. Rault, and Benjamin W. Yancey, all of New Orleans, La., for appellee.

Before HOLMES and McCORD, Circuit Judges, and MIZE, District Judge.


HOLMES, Circuit Judge.

This is a libel in admiralty brought by appellants, as members of the crew of the S. S. Youngstown, to recover the balance of wages alleged to be due them. The court below dismissed the libel on the ground that appellants were deserters, and, therefore, were not entitled to the recovery sought; hence this appeal.

Before the voyage in question, each of the appellants signed shipping articles before the United States Shipping Commissioner...

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