Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
On March 6, 1939, we filed our opinion in the above cause reversing the decree of the court below, dismissing the libel and ordering that the "Navemar" be released from arrest and attachment and delivered to the Acting Consul General of Spain at New York pursuant to the prayer of the then Spanish Ambassador Fernando de los Rios. 102 F.2d 444. Since that date an order was made by this court in conformity with our opinion. After our decision the United States recognized the new Spanish government. Thereafter a document was filed with this court, of which the following is a copy:
"To the Honorable the Judges of the United States Circuit Court of Appeals for the Second Circuit:
"The Spanish Government does not desire to appear as a party to the cause pending in your court under the title:
"Compania Espanola de Navegacion Maritima, S.A., owner of the Spanish Steamship 'Navemar', Libellant-Appellee, against Spanish Steamship 'Navemar', her engines, etc., and Rafael Crespo, Jose Arana, Manuel Freire, Gaspar Lopez and Antonio Sanchez, Respondents, Fernando de los Rios, Spanish Ambassador to the United States of America, Appellant.
"Neither it nor I in my capacity as its Charge d'Affaires in the United States have authorized any lawyer to represent the Spanish Government in any way in this case.
"In accordance with specific instructions from my Government with respect to the above-named cause I am authorized to say that the Spanish Government has no objection to the dismissal of the appeal therein nor to the delivery by the court at the earliest possible moment of the Navemar to Messrs. Garcia & Diaz, 17 Battery Place, New York City, agents of the libellant-appellee herein. On Monday last on my instructions the Acting Consul General of Spain in NEw York appeared personally in your court and made a statement to the above effect.
"I note in the caption of the suit the name of Fernando de los Rios, who no longer represents the Spanish Government, as clearly indicated by the Certificate of the Secretary of State of the United States, No. 1892, dated April 3, 1939, and filed in the above cause.
"Charge d'Affaires of Spain to the United States of America.
"[Seal of Embajada de Espana en Washington]"
The document was accompanied by the certificate of the secretary of State of the United States under the seal of the Department of State which certified that Senor Don Juan Francisco de Cardenas, whose name was subscribed to the document, was Charge d'Affaires of Spain at Washington.
Proctors for the libellant-appellee have moved in this court for an order dismissing this appeal. In aid of this motion they have submitted the certificate of the Secretary of State and the above accompanying document signed by the Charge d'Affaires of Spain, a letter signed by the said Charge d'Affaires and the affidavit of Manuel Diaz praying that an order be entered dismissing the appeal and directing that the Spanish Steamship ...