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LYNCH v. AGWILINES, INC.

No. 18, Docket 21663.

186 F.2d 796 (1951)

LYNCH v. AGWILINES, Inc., et al.

United States Court of Appeals Second Circuit.

Decided February 6, 1951.

Attorney(s) appearing for the Case

Foley & Martin, New York City (Christopher E. Heckman, New York City, of counsel), for appellant Annie M. Lynch.

Burlingham, Veeder, Clark & Hupper, New York City (Chauncey I. Clark, New York City, of counsel), for appellee Tug Eward S. Atwood, etc.

Haight, Deming, Gardner, Poor & Havens, New York City (Henry M. Hewitt, New York City, of counsel), for appellee Derrick Lighter Comrade, etc.

J. Vincent Keogh, U. S. Atty., Brooklyn, N. Y. (Leo J. Curren, New York City, of counsel), for appellant the United States.

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

PER CURIAM.

Our opinion did not make any award of the costs and disbursements on appeal, but the mandate awarded costs to the United States, to Agwilines and to the Merritt-Chapman & Scott Corporation, leaving their incidence undetermined. The district judge very naturally refused to determine the incidence, and the parties have submitted the question by motion. We make the following disposition.

(1.) So much, if any, of the costs and disbursements on...

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