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THE TRANSFER NO. 3.

58 F.Supp. 422 (1944)

THE TRANSFER NO. 3. THE MAHOGANY KING. THE CULLEN NO. 17.

District Court, S. D. New York.

September 26, 1944.

Attorney(s) appearing for the Case

James B. M. McNally, U. S. Atty., of New York City, for libelant.

Vincent A. Catoggio and Nicholas J. Healy, 3rd, Sp. Assts. to the U. S. Atty., both of New York City, for the United States.

Mahar & Mason, of New York City, for claimants Brayard Marine Transportation Corporation and Sound Chartering Corporation.

HULBERT, District Judge.

Hearing on exceptions.

On January 6, 1944, the Government filed a libel alleging the construction and establishment of a certain "Magnetic loop" composed of submarine cables and other equipment, extending from shore to shore on the bed of an arm of New York Harbor for harbor defense purposes, and "is an aid to navigation."

The libel alleges that on the night of Nov. 27, 1942, at or about 11:00 p.m. the tug Transfer No. 3 towed...

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