THE SOUTHERN CROSS

No. 242.

120 F.2d 466 (1941)

THE SOUTHERN CROSS. THE PAN AMERICA. THE WESTERN WORLD.

Circuit Court of Appeals, Second Circuit.

June 9, 1941.


Attorney(s) appearing for the Case

John J. Bennett, Jr., Atty. Gen. of New York (Henry Epstein, Sol. Gen., and W. Gerard Ryan and Francis R. Curran, Ass't Attys. Gen., of counsel) for Frieda S. Miller as Industrial Commissioner, appellant.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (William E. Collins, Sp. Asst. to U. S. Atty., of New York City, of counsel), for Roscoe H. Hupper, as receiver, appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.


SWAN, Circuit Judge.

Suits in admiralty were filed by the United States to foreclose preferred mortgages held by it upon the steamships Southern Cross, Pan America and Western World. By orders duly entered in said suits, Roscoe H. Hupper, the appellee, was appointed receiver to operate said vessels pendente lite "solely for the account of the libellant." For the purpose of such operation the receiver maintained an office in New York City and employed therein four...

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