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UNITED STATES v. MARTINI

No. 10701.

42 F.Supp. 502 (1941)

UNITED STATES v. MARTINI et al.

District Court, S. D. Alabama, S. D.

December 27, 1941.

Attorney(s) appearing for the Case

Francis H. Inge, Dist. Atty., and P. C. Fountain, Asst. Dist. Atty., both of Mobile, Ala., for plaintiff.

Homer L. Loomis, of New York City, and William Logan Martin and Martin, Turner & McWhorter, all of Birmingham, Ala., for defendants.

McDUFFIE, District Judge.

The evidence in this case is without substantial conflict. Briefly stated, it is as follows: The master of the Italian steamer Ida Z. O. received orders from the owners prior to the declaration of war that in event of war he was to take refuge in a national port, but in case that was not possible he was to take refuge in a neutral port and to avoid any confiscation of the ship on sea; and that if he could not reach a neutral port or a national...

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