THE S. S. NEA HELLIS

No. 110.

116 F.2d 803 (1941)

THE S. S. NEA HELLIS.

Circuit Court of Appeals, Second Circuit.

January 13, 1941.


Attorney(s) appearing for the Case

John T. Cahill, U. S. Atty., of New York City (Edward J. Ennis and Thomas McCall, Asst. U. S. Attys., both of New York City, of counsel), for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Delbert M. Tibbetts and Harold B. Finn, both of New York City, of counsel), for appellee.

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


SWAN, Circuit Judge.

This is a libel in rem against the steamship Nea Hellis to collect a penalty for violation of a federal statute. The libel states that it is brought for a breach of the provisions of the Oil Pollution Act of 1924, 33 U.S.C.A. § 433. It alleges that on September 26, 1939, there was discharged and deposited from the said vessel into the coastal waters of the United States, to-wit, within the Harbor of the City of New York, a large quantity...

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