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MATOIL SERVICE & TRANSPORT CO. v. SCHNEIDER

No. 7923.

129 F.2d 392 (1942)

MATOIL SERVICE & TRANSPORT CO., Inc., v. SCHNEIDER.

Circuit Court of Appeals, Third Circuit.

Decided June 26, 1942.

Attorney(s) appearing for the Case

Thomas A. McDonald, of New York City (Andrew B. Crummy, of Newark, N. J., on the brief), for appellant.

Richard J. Hughes, and Thorn Lord, Asst. U. S. Atty., both of Trenton, N. J. (Charles M. Phillips, U. S. Dist. Atty., of Trenton, N. J., on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

JONES, Circuit Judge.

The plaintiff, as the owner of a tank barge, sued the defendant in the District Court for the District of New Jersey to recover the reasonable value of the use made by the defendant of the barge for storage purposes while it was in the defendant's hands as United States Marshal under a writ of seizure issued out of the District Court for New Jersey. The case was tried to the court below without a jury upon stipulated facts. The trial court dismissed...

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