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WALKER-SKAGETH FOOD STORES v. BAVOIS

43 F.Supp. 109 (1942)

WALKER-SKAGETH FOOD STORES, Inc., v. THE BAVOIS et al.

District Court, S. D. New York.

January 30, 1942.

Attorney(s) appearing for the Case

Healy & Fusfeld, of New York City (Bernstein, Weiss & Tomson, Michael C. Bernstein, and Bernard Tomson, all of New York City, of counsel), for libelant.

Treacy & Gough, of New York City, for claimant-respondent.

RIFKIND, District Judge.

Only two issues of law require resolution: Does the vendor of supplies furnished to a vessel on the order of its master acquire an admiralty lien where the written agreement between the owner and the master imposes upon the master the duty "not to run up any bills other than strict emergency expenses without authorization of the owner or insurance carrier; this to include supplies or any other material"? Are food and liquors so furnished ...

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