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THE KONGO

No. 10171.

155 F.2d 492 (1946)

THE KONGO.

Circuit Court of Appeals, Sixth Circuit.

May 27, 1946.

Attorney(s) appearing for the Case

Leo J. Sandmann and William Mellor, both of Louisville, Ky. (Garner Petrie, William Mellor, Louis Seelbach, and Leo J. Sandmann, all of Louisville, Ky., on the brief; A. M. Curtis, of Baton Rouge, La., Burch, Minor & McKay, of Memphis, Tenn., and Bullitt & Middleton, of Louisville, Ky., of counsel), for appellants.

Thomas J. Wood, of Louisville, Ky. (D. C. Walls, of Louisville, Ky., Benjamin W. Yancey, of New Orleans, La., and Thomas J. Wood, of Louisville, Ky., on the brief; Terriberry, Young, Rault & Carroll, of New Orleans, La., and Doolan, Helm, Stites & Wood, of Louisville, Ky., of counsel), for appellees.

Before HICKS, ALLEN and MARTIN, Circuit Judges.

ALLEN, Circuit Judge.

This case originated as a libel filed by a seaman of the Towboat Kongo and L. Birch McBride as assignee of other seamen, to recover unpaid seamen's wages. Other claimants intervened, claiming that they had delivered necessary supplies and made necessary repairs for the Kongo at the request of its captain. During the period in controversy the Kongo was owned by the Defense Plant Corporation, was under charter to the United States Barge Lines Corporation...

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