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UNITED STATES v. M/V MARTIN

No. 13642.

313 F.2d 851 (1963)

UNITED STATES of America, Libelant-Appellee, v. The M/V MARTIN and BARGE MOS-101, their engines, tackle, apparel and furniture, and Martin Oil Service, Inc., an Illinois corporation, Respondents-Appellants.

United States Court of Appeals Seventh Circuit.

February 27, 1963.

Attorney(s) appearing for the Case

Edward B. Hayes, Chicago, Ill., William K. Johnson, Lord, Bissell & Brook, Chicago, Ill., of counsel, for appellants.

John G. Laughlin, Anthony W. Gross, Sherman L. Cohn, Dept. of Justice, Washington, D. C., Marks Alexander, Asst. U. S. Atty., Springfield, Ill., Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Edward R. Phelps, U. S. Atty., Dept. of Justice, Washington, D. C., for appellee.

Before SCHNACKENBERG, CASTLE and SWYGERT, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

United States of America, herein sometimes referred to as libelant, commenced an action in the district court by filing a libel in rem against the M/V Martin and Barge MOS-101, their engines, tackle, apparel and furniture, based upon a cause of collision, civil and maritime. Thereafter, Martin Oil Service, Inc., an Illinois corporation, appeared as owner of said vessel and filed an answer and exceptive

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