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UNITED STATES v. WORTHINGTON, INC.

No. 9574.

117 F.2d 936 (1941)

UNITED STATES v. WORTHINGTON, Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 21, 1941.

Attorney(s) appearing for the Case

Wm. Fleet Palmer, U.S. Atty., and James L. Crawford, John M. Gault, and John Marvin Dean, Asst. U.S. Attys., all of Los Angeles, Cal., for appellant.

L. K. Vermille, Preston B. Plumb, Jr., and Overton, Lyman & Plumb, all of Los Angeles, Cal., for appellee Franco-Italian Packing Co.

H. F. Prince, E. H. Conley, David P. Evans, George H. Whitney, and Gibson, Dunn & Crutcher, all of Los Angeles, Cal., for appellee Worthington, Inc.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

The United States brought a libel against the vessel Fisherman II, seeking to have the vessel forfeited to the United States for violation of Title 46 U.S.C.A. § 60, § 4189, R.S. From a decree of the District Court dismissing the libel, the United States appeals.

The Fisherman II was built in 1921 in Keil, Germany. In July, 1939, a certificate of registry from the United States was obtained for the vessel, which certificate...

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