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LARSEN v. NEW YORK DOCK CO.

No. 184, Docket 20890.

166 F.2d 687 (1948)

LARSEN et al. v. NEW YORK DOCK CO. THE GUATEMALA.

Circuit Court of Appeals, Second Circuit.

March 23, 1948.

Attorney(s) appearing for the Case

Rolnick & Asofsky, of New York City, for respondent-appellant.

Ramey & McKelvey, of New York City, for claimant-appellant.

Jacob F. Gottesman, of New York City, for movant-appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

In New York Dock Co. v. S. S. Poznan, 274 U.S. 117, 47 S.Ct. 482, 71 L.Ed. 955, the Court held, in effect, that no lien can be obtained against a ship in custodia legis; but it allowed the Dock Company a preferential claim against the proceeds of the ship for wharfage service rendered while the libel proceedings were pending, because the service was furnished as an incident of the court's administration and had...

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