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UNITED STATES v. MONSTAD

No. 10163.

134 F.2d 986 (1943)

UNITED STATES v. MONSTAD et al.

Circuit Court of Appeals, Ninth Circuit.

March 26, 1943.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., Leo V. Silverstein, U. S. Atty., James L. Crawford and John Marvin Dean, Asst. U. S. Attys., all of Los Angeles, Cal., Esther B. Phillips, Asst. U. S. Atty., of San Francisco, Cal., and Allan B. Lutz, Atty., Dept. of Justice, of Washington, D. C., for appellant.

L. K. Vermille and Overton, Lyman & Plumb, all of Los Angeles, Cal., for appellees.

Before DENMAN and MATHEWS, Circuit Judges, and McCORMICK, District Judge.

DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court denying to the United States recovery of a penalty against appellees, owners of the fishing barge Kohala, claimed by the Government to have been navigated without a certificate of inspection of the local inspectors of steamboats, required by 46 U.S.C. § 397, 46 U.S.C.A. § 397,1 a certificate issued after the inspectors have satisfied themselves that...

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