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HEDGER TRANSP. CORP. v. IRA S. BUSHEY & SONS

No. 102, Docket 21794.

186 F.2d 236 (1951)

W. E. HEDGER TRANSP. CORP. v. IRA S. BUSHEY & SONS, Inc.

United States Court of Appeals Second Circuit.

Decided January 15, 1951.

Attorney(s) appearing for the Case

Horace M. Gray, New York City, Horace M. Gray, Edward R. Phillips, New York City, of counsel, for plaintiff-appellant.

Foley & Martin, New York City, Christopher E. Heckman, New York City, of counsel, for appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The appeal is from an order dismissing the complaint before answer in a suit in equity to set aside a decree foreclosing a preferred ship mortgage. The district court had jurisdiction of the foreclosure action by virtue of The Ship Mortgage Act of 1920, 46 U.S.C.A. § 951, and its decree has been the subject of attack by the appellant since shortly after its entry. This struggle for relief from the effect of that decree has resulted in two...

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