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THE FAVORITE

No. 238.

120 F.2d 899 (1941)

THE FAVORITE. THE HOOK MOUNTAIN. THE BEAR MOUNTAIN.

Circuit Court of Appeals, Second Circuit.

June 13, 1941.

Attorney(s) appearing for the Case

Crowell & Rouse, of New York City (E. Curtis Rouse and George L. Varian, both of New York City, of counsel), for intervenor-appellant.

Laughlin, Gerard, Bowers & Halpin, of New York City (George S. Brengle, John L. Quinlan, and Bigham, Englar, Jones & Houston, all of New York City, of counsel), for libellant-appellee.

Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a final decree in admiralty holding a mortgage covering three steamships, made on December 24, 1929, to secure an indebtedness to the Corn Exchange Bank Trust Company, which was due on April 1, 1930, superior in priority to the maritime lien of Tietjen & Lang Dry Dock Company for repairs to one of the vessels, the Bear Mountain. The repairs were made eight years after the expiration of the date of maturity...

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