Opinion
Nos. 9741, 9742.
Argued April 19, 1949.
Decided June 27, 1949.
Appeal from the United States District Court for the Eastern District of Pennsylvania; James P. McGranery, Judge.
Before BIGGS, Chief Judge, and McLAUGHLIN and O'CONNELL, Circuit Judges.
S.B. Fortenbaugh, Jr., Philadelphia, Pa. (John O. Platt, Jr., Benjamin F. Stahl, Jr., Clark, Brown, McCown, Fortenbaugh Young, Philadelphia, Pa., on the brief), for appellants Dump Scows Nos. 116, 120 and 122 and others.
Joseph W. Henderson, Philadelphia, Pa. (Rawle Henderson, Philadelphia Pa., Platow Lyon, New York City, John A. Lyon, Edward F. Platow, New York City, on the brief), for appellants Tug James N. Knipe and another.
Max Taylor, Washington, D.C. (Gerald A. Gleeson, United States Attorney, on the brief), for appellee.
We have given careful consideration to the questions presented by the appeals in the instant cases and have examined the authorities cited by the parties. Since the cases are in admiralty our consideration is of course de novo. Our conclusions, however, are the same as those expressed by Judge McGranery in his clear opinion, 77 F. Supp. 264, sub. nom. The Norwich Victory.
Accordingly the decree of the court below will be affirmed in all respects.