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UNITED STATES v. TITO CAMPANELLA SOCIETA DI NAV.

No. 6822.

217 F.2d 751 (1954)

UNITED STATES of America, Appellant and Cross-Appellee, v. TITO CAMPANELLA SOCIETA DI NAVIGAZIONE, owners of the steam screw vessel now named THE TITO CAMPANELLA, but formerly the Samsylarna, Appellee and Cross-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1954.

Attorney(s) appearing for the Case

Melvin Richter, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., and L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., on the brief), for appellant and cross-appellee.

Barron F. Black, Norfolk, Va. (Vandeventer, Black & Meredith, Norfolk, Va., Fink, McNamee & Pavia, Samuel Miles Fink, New York City, and Sam Blecher, Brooklyn, N. Y., on the brief), for appellee and cross-appellant.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal and a cross appeal in admiralty in a proceeding brought by the United States for the forfeiture of the vessel Tito Campanella, formerly the Samsylarna, for alleged violation of sections 9 and 41 of the Shipping Act of 1916, 46 U.S.C.A. §§ 808 and 839. The District Judge sustained exceptions to the libel and dismissed the proceeding but signed a certificate of reasonable cause for the seizure and both the United States...

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