February 3, 1930
LYNDON R. CONNETT AND JOHN B. ALLEN, DOING BUSINESS AS L. R. CONNETT & CO., APPELLEES,
UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION, APPELLANT, TICE TOWING LINE, APPELLEE
Appeal from the District Court of the United States for the Southern District of New York.
Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
In an action at law for damages to plaintiffs' scow, judgment was entered in favor of the plaintiffs against the Fleet Corporation, and the complaint was dismissed against the Tice Towing Line, a judgment for costs in its favor being entered against the plaintiffs. On the authority of Johnson v. U.S. Shipping Board Emergency Fleet Corporation, 50 S. Ct. 118, 74 L. Ed. --, decided January 6, 1930, by the Supreme Court of the United States, the judgment against the Fleet Corporation is reversed, and the cause remanded, with directions to dismiss for lack of jurisdiction. The judgment for costs in favor of Tice Towing Line is affirmed.
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