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AUSTERBERRY v. UNITED STATES

No. 10515.

169 F.2d 583 (1948)

AUSTERBERRY et al. v. UNITED STATES.

Circuit Court of Appeals Sixth Circuit.

August 16, 1948.

Attorney(s) appearing for the Case

Horace T. Atkins, of New York City, and Frederic B. Besimer, of Detroit, Mich. (Horace T. Atkins, of Atkins & Weymar, all of New York City, Frederic B. Besimer, of Miller, Canfield, Paddock & Stone and Robert E. Plunkett, of Ward & Plunkett all of Detroit, Mich., on the brief), for appellants.

John T. Casey, of Washington, D. C. (Herbert A. Bergson, of Washington, D. C., Thomas P. Thornton, of Detroit, Mich., and J. Frank Staley and John T. Casey, both of Washington, D. C., on the brief), for appellee.

Before SIMONS, McALLISTER, and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

On August 1, 1942, the United States Coast Guard acquired for use pending the duration of the war, a 32-foot motorboat, in accordance with Act of Congress, December 16, 1941. Chap. 486, Section 1, 55 Stat. 807, 14 U.S.C.A. § 72. It was thereafter operated in patrolling the Detroit River and adjacent waters, until December 4, 1942, when its engine was removed for overhauling, and the vessel prepared for winter lay up. During its operation...

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