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PETITION OF TEXAS CO.

Nos. 222, 266, Dockets 23008, 23064.

213 F.2d 479 (1954)

Petition of TEXAS CO. THE WASHINGTON.

United States Court of Appeals Second Circuit.

Decided May 26, 1954.

Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer & Crawley, New York City (Joseph M. Brush, New York City, of counsel), for Texas Co.

J. Edward Lumbard, U. S. Atty. for Southern District of New York, New York City (Louis E. Greco, New York City, of counsel), for the United States.

Sterling & Schwartz, New York City (Marvin Schwartz and Betty Olchin, New York City, of counsel), for claimants.

Before CHASE, Chief Judge, and SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The United States has moved to dismiss The Texas Company's appeal from Judge Weinfeld's order. The motion is denied. We have jurisdiction of the appeals. See W. E. Hedger Transp. Corp. v. Gallotta, 2 Cir., 145 F.2d 870; Curtis Bay Towing Co. v. Tug Kevin Moran, Inc., 2 Cir., 159 F.2d 273.

2. Although the claims as originally filed exceeded the fund (or stipulated value...

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