GRILLEA v. UNITED STATES

No. 23609.

232 F.2d 919 (1956)

Felice GRILLEA, Appellant, v. UNITED STATES and National Shipping Authority, Appellees.

United States Court of Appeals Second Circuit.

Rehearing Denied May 4, 1956.


Attorney(s) appearing for the Case

Robert Klonsky, New York City, for appellant.

Joseph M. Cunningham, Bronxville, N. Y., Thomas F. Feeney, Brooklyn, N. Y., Paul W. Williams, U. S. Atty., New York City, and Kirlin Campbell & Keating, New York City, for appellees.

Before HAND, SWAN and FRANK, Circuit Judges.


HAND, Circuit Judge.

The libellant has moved for a rehearing upon our ruling that he did not elect to sue "in rem" until after we had suggested it to him at the end of our opinion. We have granted a rehearing on that issue, and, as will appear below, we think that there was enough evidence to support an "election." Moreover, since the merits of the claim of a lien against the ship had not been at issue on the appeal, we have felt obliged to allow briefs to be filed...

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