*1 REPORTER, 2d SERIES 9 FEDERAL justice may intelligently that other than the evidence not be guilty this offense of in- al- possession particular ease, administered in that but tending unlawful prove charged juries in the first liquor may as so to end that understand that toxicating expected de- property to exercise a reasonable count, possession unlawful manu- degree in the arrive their signed sense, intended for use- common and and charged in intoxicating liquor, upon as verdicts a of the evidence consideration facture by given by unlawful manu- not count, court, law as beverage intoxicating liquor whim, fancy, guesswork. caprice, facture of charged jury third count. purposes, in the It seems that did .clear me by offered in jury reasonably that the evidence not reach a found this verdict prove telligent by government not sufficient consideration the law or the was evidence, by of- guilty of'either of these rather its total failure to the defendant but guilty” of “not comprehend and returned a verdict consider or to either. a fenses Such but, first, -second, counts, ju third stamp on the verdict is not entitled to the notwithstanding or further evidence approval. no other dicial This view would seem to be tending to government fully was offered sustained authorities cited in main- any element of prove majority opinion, particularly other essential John g by the Na- taining Company as defined a nuisance Hohenadel v. United Brewin found the defendant Act, (C. A.) 489, tional Prohibition 295 F. States C. and Peru and charged in the fourth guilty (C. A.) of this offenseas (2d) Bird United States C. F. count. 881. inconsistency, merely logical This not jury returns ver- such as arises' where guilty count, guilty dict not charging separate on another count INTERNATIONAL BANDING MACH. CO. v. the same evidence offense, when distinct CO., AMERICAN BANDER Inc. counts, justifies a on both equally conviction (Circuit Appeals, Court Second Circuit. inconsistency, not reconcilable legal but 16, 1925.) June theory. If this verdict is upon any tenable No. 336. repugnant, fatally not inconsistent may dropped these as well terms 920,698, 22, 88, 1. Patents <§=>328 claims — vocabulary. legal our cigar banding machine, infringed; valid and infringed. ques- me that no different claim not It seems Wagner Maloesay 920,698, & if the defendant had No. presented tion would be May 4, claims device band- the one main- count for been indicted ing labeling cigars articles, and other held jury, nuisance, by special taining a infringed, infringed. and claim 97 not valid man- had not verdict, found defendant <@=>178 2. Patents for construction —Rule kept, sold, not not and not bar- ufactured, claim stated. ti- intoxicating liquor in violation of tered light claim in of entire interpret should read Court Prohibition Act, National tle of the whole, disclosure expression positively as a by any guilty him of maintain- found nevertheless recited as satisfied instrumentality capable performing nuisance, 21 of as defined section doing successfully, functions unless so stated hardly be contended that It would act. patent. some other violates sustained, yet should be verdict generic <@=>165 Positively recited Patents 3. — jury what the did expression precise limited to in claim not in- ease. strumentality disclosed While, majority opin- as stated interpret positively never should Court ion, power jury ques- “the of the decide expression generic in claim as-limited recited to by patent, instrumentality precise disclosed (within just fact the limitations tions of necessary distinguish except from claim where subject mentioned) supreme and not prior art. court,” of the interference nevertheless <@=>328 1,261,832, claim' 4. Patents perform, some functions to courts have — infringed. cigar banding valid important and most I take it that the first April 9, 1,261,832, Maloesay patent, No. intelligent compel administra- one is to 1918, ing cigars, and label- for device claim justice. tion of infringed. held valid jury guilty find a defendant If a is. <@=I68(2) estopped Patents —Patentee any essential element of the offense narrowly, originally interpret yet guilty find Mm of- charged, allowed. presented and fense, duty I conceive to be the voluntarily attorney Patentee, whose allow- after its and broadened mistake, court to correct that self-evident amended *2 CO. v. CO. MACH. AMERICAN BANDER BANDING INTERNATIONAL 607 COG » F.(Sd) estopped patent office, pile to inter- lowest lowest label and while said held not anee pre- originally pret form, narrower label is flexed.” sented and allowed. (No. patent 1,261,832) The second dissenting. Hand, Judge, Circuit 17 and claim 5 reads as follows: claims, cigars means to form withdraws bands said times tically including reciprocating New York. lant sues port adapted to United States for the Southern lows plaintiff appeals. Reversed. cigars claims, said May May granted April of New York flexed and national a decree 88, Circuit Warfield & Jacob all engages pass “88. “97. In a machine of the class of New Appeal MANTON, Circuit Before Patent “22. A machine Julius Charles machine which American supported cause device, so that : pile and hold said 11,1916. Both pile 4, and claim and other disposed Schechter, Judges. .1909, on next one A machine for into said Banding 97 of means said claiming infringement of claims 22, of bands to space holding dismissing bill other it from the HOUGH, MANTON, infringement Neave and Merrell M. York Watson, and Schechter rest from.the claims patent City, for Bander lowest band tongues to enter patent said they support U-shaped Mayer, articles, provided articles, provided between the lowermost band against the City, application above, Machine the said is used for John when said pile supporting patents for applying pile, pneumatic (No. 920,698) support the District Company, patent pile, No. appellee. Judge: lowest label the lowermost 'band C. A. applying L. suit means.” said labels, appellant. pneumatic Company (4 920,698, granted application leaving all support pile relate Lotsch, lowest banding cigars. means device said filed No. hy E. P.[2d] when Court of the support.” bands above Inc. L. ^[1] with a District Clark, with a ver- said are as fol- device latter and to a band described, which at 1,261,832, April & bands to bands label adapted HAND, lowered slightly against Massie, has 97 Lotsch, Appel Mayer, means broken. means raised Inter- Prom when other 726), said itself. Care must bo taken to avoid the both sup- filed said must be taken in 26, is desirable med allowed boxed wrapper cigars. box whence face of the label cause labels are cigars cigar band, and the band is then face of around around banding cigars to patent when the Gum or to around the articles ping claimed over the first holding patent plying means.” banding and other articles reciprocating ing withdrawing curately, ceiving the conveyor adapted accurately applying container, means on said the combination of the band pointed any way provide “5. In a machine of the class other narrow other wrapper of it is desired to return the means, thereby escape will applying ends with sufficient cigars. articles or to the bands or But the first is said to object object paste said to articles and to go aligned out that together, neither a machine means so that, come case of boxed they same on the bottles or and back bands rapidly apply The first conveyor, suction machines of of the second of the invention of the first pioneer abe provide applied from the suction means pasted directly came handling band-applying end, with its any sort, to transfer the band where and thence to the dry cigar pasted exactly designed and this is if very without rapidity bands patentable individually from said contact with the adhesive should not be which cigar, they and stuck and somewhat becoming boxes, slightly and the machine is wrap injury. machine for secure their a new narrow cigars, special did not band boxed narrow end happen or labels to particularly loose conveyor for re- danger will adhesive but axe banded for the trade. It bands to is a the same container, of a whereas patent cigars and turning prior usually improvement cigars securely, rapidly overlapping differs surface nor thereto. ends of the labels. The second to the sun- mechanism, pioneer cracked or means for small came described, improved wrapped band-ap- moisten- overlap- banding art, as well brittle. is said injury singly cigars cigars to the gum- used, them done care dry, sur- out, and and be- ac- REPORTER, 2d SERIES FEDERAL rolling rotating them. them; 'overlapping banding, as in so thatrfhe (1) The are: main truly prop- elements aligned and of the bands are ends contains, assemblage of reception back fit made for their er like/the for a com- bands and patent provides box. The first *3 which separator, (2) pneumatic of A suit. comprising the combination in plete machine successive- cigar the co-ordinating mechanisms, plurality draws the individual a ly, pneumatic separator the in the need not also like we which mechanisms details of conveyor patent. (3) first A consider. n whichreceives separator to frorá the each with- which wé have The main elements conveys the supply drawn the band to containing a a hopper do consist of mechanisms, the pre- next two and then releases for cigars b'anded; mechanism to be along former band and returns once its a location senting band at a time to ready pathway to align- receive the banded, proper and in be where it tois differs from band;' magazine con- band. This a unidireetion ment to receive bands; conveyor patent, cigar of the first which travels supply a of assembled taining movement, individually circuit with one around a intermediate separator for a perform- 'in factor in and is a direct active presenting a time and cigar band at ensuing steps; operation wrapping the band alignment for proper cigar, a paste to around the factor gum or and. the sole applying wet ejects cigar (4) when The suc- banded. of the withdrawn near one end area small receiving on conveyor, for car- tion means band; means, called way, band from the freshly gummed band on withdrawn rying the way. holding band while This is ensuing steps; on its alignment for the proper in (5) The po- somewhat like applying band around means for adjacent to moistening band means which is located wrapping the cigar, thus sitioned pathway end and its cigar plain with its around the dry already present a small causing them the adhesive gummed overlapped, end ejecting portion of one of narrow ends together; means for to stick mois- bands, 97 relate is drawn over said cigar. 88, and Claims banded to eij/ar They should be This differs separator. tener magazine and provides a complete patent, machine— part of means in the regarded as adjacent their things as small to exit of wrapping such fountain roller a machine over cigars. magazine. fountain roller is rolled cigar bands around frail magazine the band before latter a the end of been claims áre band begins .by with ref- and while the of the claims received per se. Each a stationary by in lo- applying bands to a “for is held erence machine likely They specify gum paste or where the wet cigars and other articles.” eátion particular spread parts invention band and appropriate words a over other of the band- splash successful on the above it for embodiment a machine, in part ing machine. or some may imparted be every wet adhesive duty a such case It is the court to read [2, 3] applying mech- cigar. (6) The band light of the claim in the entire disclosure ' traveling conveyor; (a) anism interpret a whole. It will consists patent as tunnel, closing gradually (b), long expression positively recited in the as conveyor carries a band satisfied'by any instrumentality through which the ca cigar. superposed The eoaction stated function suc and a pable performing conveyor wraps the unidireetion doing, so violence to tunnel and cessfully, unless, cigar and into may of the band around the be committed. It other ends some causes lapped these ends interpret positively relation, recited should never further of the con- precise together; stick travel generic expression limited veyor lengthwise. ejects banded instrumentality patent, ex disclosed patent com- of the second interpretation narrow is This mechanism cept where presenting distinguish prises means for necessary to from the position above the horizontal the courts will cases, art. In such al transverse prior depending cigar. two arms that de- uphold validity It has ways do so order simultaneously opposite sides of possible. that is scend the claim where bringing down on it will be their lower ends claim of underlying a flexible intended for the band and the that the machine is use noted pivoted independently cigars. packed pur- One of the said arms tape, in boxed turning successively to tuck poses cigars first one is to band and actuated MACH. CO. CO. BANDING v. AMERICAN BANDER INTERNATIONAL u\(aa) » eoo eigar shapes of different and sizes. the other end eigar. shown lapped There means referred are relation under U-shaped E and pressing together pneumatic separator separately moving pad stick, causing tongues them to Suitable mechanism lapped 0-0. ends and ejecting fro moving reciprocates to and across separately these discharge mouth, so that no appears that end Thus it when banded. through which band can while the co-operative there is combination pass are with- projecting, when consists of the elements referred to. The reciprocates en- claim is to bo treated as an indivisible drawn. mechanism Suitable (cid:127) tirety. may anticipated discharge away into and from the prior de- mouth, through which was neither pass machine band can *4 signed perform- mouth, nor nor used for at separator while the is the ing eigar banding com- the separator receding. functions of These mech- while the is separator bination. the actuate and the anisms carry in patent, the first there is an endless such correlated manner as out to the operations. conveyor, sprocket provid- chain or which is plurality ports with a suction for hold- principal ed The features and functions of ing cigar carrying bands. Above it magazine separator opera- the the in such eigar magazine magazine open rises the with its assembled tions are that the at both therein, the placed and beneath it ends, time, bands in- so that time to without gum roll- pneumatic separator applying terrupting operation machine, -a the of the magazine hopper is the er. At the of the may therein; left new placed batch of bands be cigars, yet the while the feed- banded pass from the front the rear of the bands to the -hopper. by gravity. separator At the left of magazine sup- er is behind the The the tun- gradually closing ports hopper magazine stage, is the so-called at one the hands nel, the toward the which extends rear of tongues support the the bands another magazine separa- the machine. Beneath the and these alternate. There stage, to is a eigar band, plain presents a horizontal tor magazine and fro movement between the gum up, gum applies roller and the wet face separator. The separator and the and the separator The then one end of the band. to conveyor ports by they have suction conveyor freshly gummed the releases grasp eigar individually move position and extend- band in horizontal injuring them. suction conveyor; ing transversely and the ports separator across port of the and the suction conveyor edgewise to a band conveyor carries this are in simultaneous suction en- hopper, where it beneath the position gagement with the same face anof individual pauses for a moment. The feeder there band, engagement and' the suction of the band, places the separator balanced so not to as tilt the lying transversely there- band, across predetermined band or distort it from its alignment lengthwise engagement by fore in line travel of suction conveyor conveyor engagement and then the resumes its is also balanced travel, carrying edgewise purpose. separator band the the same withdraws through superposed lengthwise right angles into each in direction at band to plane band one, the tunnel. As the and its aré the band and the avoiding through tunnel, gradu- thereby carried latter the interlock the em- ally thereby forcing eigar band. The withdrawal of closes, ends of bossed eigar up causing band cigar, and around the is done without overlap together. its two disturbing alignment, presents ends to stick in conveyor ejects eigar Finally, the the banded gum- alignment action same lengthwise into the rear of the machine. The ming roller, eonveyor receives the magazine cage up upright is a made of two affecting that alignment, band without upright bars; end standards and four six presents cigar. to receive uprights being separately adjustable pneumatic separator. appellee has plane upper horizontal or magazine, which has Tt has main open- central or discharge mouth, large portion vertical, which is enough for the eigar portion pass through lower around in freely, while the curves unless J, held back shape sep- letter and faces the means. uprights normally These it is contact. maga- which constitute the arator with which maga- zine are stationary, made while the separately to enable The swing zine near the journalled top accommodate the. batches (2d) F. —89 REPORTER, 2d SERIES FEDERAL pellee’s This is machine under separator. the Raddatz away from the appellant’s as in reverted to the relatively reciprocating movement fingers which appellee’s pneu- appellee Raddatz omitted. appellant’s patent. The projecting in and has abandoned horizontal position matic swiveled bearing. journal magazine, maga- Raddatz to a through long a' horizontal and reverted zine portion vertical, which are whose main parallel arms and thus ports grav- respective suction the follower position for their eliminated and utilize ity appellant’s, ends of lowermost to fed the bands. Like the two appellee’s separator magazine, permitting the suction from band in the thus slightly engaged flexes the portion appellee’s lowermost band, and thesd patent, to appellant’s first simultaneous 44-44, produced then enter the ports of engagement with the three suction flexing. bring, first, The mechanisms There is appellee’s separator, shortly thereafter arms of the crank which the'two suction appellee’s conveyor arm, engagement receiving the swung down after magazine. lowermost band in At. the band band from present bands, outset, separator supports (cid:127)the swung again then back and are its suction flexes lowermost appel- separator, and thus straddle the *5 tongues tongue then the the 40> and 44^-44 the reciprocating between lee’s simultaneously space produced enter the separator. During the first and the tongues flexing supporting said the. —the separator to the movement from the band, pile and the rest of the now no- conveyor presents the appellee’s the in the longer supported separator, the and moistener; supply the action magazine separator are and meanwhile already containing dry adhesive. bands separating from other each foremost maga- appellee’s and rods The standards being delivery for band is withdrawn adjustment to accommo- zine are for conveyor. tongues Also meanwhile have cigars of various sizes. date face from with the been contact withdrawn patent appellee the'owner remaining and their lowermost 1,333,340, granted Raddatz, No. March engage- next place afterwards taken July application It 3,1918. on an filed separator for ment hori- for a. shows - < band. then lowermost magazine which has a zontal spring-pressed appellee has a appellant, Like normally spring follower, and shows a containing magazine bands and a magazine pneumatic toward the forces the separator pneumatic and a con- pneumatic separator suction arms two horizontal jits veyor. separator Its alternates' with conveyor. pneumatic for These suction tongues pile of fingers supporting or in swing from their arms are down fro bands. It has a relative to and movement position horizontal sub- magazine separator; both between the stantially position cigar. above vertical ports grasping moving for have suction port each the suction There is a suction During stage the individual bands. one stationary port suction in arms operation, individual band in an arrange- straddle. The en-, appellee’s in simultaneous machine is is such that the band can in ment conveyor; gagement with engagement simultaneous with the engagement Like of each balanced. and the arms in balanced appellant’s, withdraws each engagement separa- with each. The Raddatz individually right a direction in appellee’s separator, tor is like in that angles plane between it and the stationary, magazine, it while the like the avoiding interlocking thus appellee’s, member, is a movable each bands. the properly the embossed It receives reciprocating there is same relative move- separator by aligned band its con- magazine from separa- ment between veyor, roller, presents it to the appellant’s tor appel- it to band-applying delivers mechanism. provided reciprocat- with lee’s machine precise appellee’s performs device ing tongue reciprocat- between the two appellant’s, by substantially ing tongues 44-44, function as the whereas Raddatz has means; ap- reciprocating such and no such the continuous mem- same magazine plication ber in front of other to suc- than successive theN cigars. arms hori- shifting two from the cessive that, change appears in.building,the ap- It thus of f-une- zontal to the vertical without members which —of relative Cap tion Horne, Ed. 713. Nor is & Closure cannot avoid exchange 145 U. INTERNATIONAL approach actual movement S. Pritchard infringement infringement. approach to the other receding. required S. Ct. BANDING MACH. (D. avoided C.) Hoyt Anchor 232 FP. recede 36 L. *J such We two v. means claim is not ported by alent CO. do this v. AMERICAN BANDER to enter between said claim, pneumatic think the reciprocating while infringed. the lowest label is flexed. appellant therefore means, piles said when not has And that lowest CO. tongues, cause said any equiv- referred label sup- so infringed. tongues which at tor. tablish an its tor has been drawing cigar banding support temporarily about anddo n do support ing said band and the next ports machine it does snetion At is After lowered, withdraws claim is valid and proach prior means. As engagement 44-44 as to vice and a movable tion pellee’s engages permit pile space adapted adapted means that, Claim 97 one suctiou, Claim 88 Claim 22 the other pile hands above said device. vertically face of the device, separator of such one We think support patent which of bands are stage so once in individually. device is bands, between the lowermost band when the suction device is machine support. the lowermost above, pile adapted to have balanced anticipation removed, have with support separation for provides has provides engage art, and disposed engage withdrawn, space separator. Por it and once provides every cycle pile times the same been bands, pile simultaneously entered the every cycle has this support The prior patents infringed. There is no ferring anticipates one in the said afforded afforded between the lowermost of bands and on with- pass from the for a band. While another reciprocating tongues veyor We pointed out, U-shaped pass the lowermost band. appellee’s separator and for above. lowermost lowermost band, and, when claim valid and them face of the its every have relative engagement think that combination of into the this patent of its machine. separator sup- elements, first, on withdraw- this claim. .and pile, shape every cycle Its supporting do forms, raised, arranged balanced space hand of to form separa- separa- leaving per. fingers a suc- 44-44 which moved space of its as to band location to function with and means on the this ap- ap- the to be es- band-applying means distinct from de- by in veyor. it (cid:127) lee’s ing conveyor, the tunnel entiated from the first were found in the from the construction of its suction device. proved an immediate from the first. The second ment obtained 5 was *6 patent that, moving ferring ent here in suit. The gripping pellee cigars, conveyor band-applying Britton them cube-shaped calling for suit. machine was Britton of the claim herein an outer ^[5] appellant’s machine. The several ^[4] also without force. functions which the principle Nor As an devices. by producing reading His respectively. A applied refers to anticipated which at for by he undertook These purposes applies boxed had wrapper device. organized onto the location where differentiates time. anticipation transferring individual devices suitable article which proved return mechanical claim 5 to the reciprocating conveyor having elements are found in by appellant patents cigars, also mechanism was rolling Briggs contemplated hands. disclosed in by appellee’s successive around sued suggests a bands, inner machine There is unsuccessful. cigars, proved made the first use device, moistener, which is band-applying to use mechanical to Britton argument patent not of claim the limited or grippers the hands to the calling As wrapper Appellant mdistener and patent under fact are to he read as and, in his con passing through bands from the differs from the rigid. unsuccessful in foldings cigars, combination in originally pre- nothing second rectangular device patent or more were attributes to based that it is second for suction performing reciprocat having for There improve estopped is differ elements He does its also Briggs. proved on the in suit Briggs patent appel trans trans claim were con pat also im pa ap its its REPORTER, FEDERAL 2d SERIES 9 612 Office, ,in regard may 5 recited sented to the Patent take from the first conveyor practicable cigar-banding element as “suction means on said machine. In the important suction most receiving wrapping cigars, the band from the detail of convey- holding means and same on it is toto cáelo different. original or.” The allowed in its claim was The case on is" patent more and, form while objection, and, if it doubtful, alone, might stood I attorney allowed, applicant’s volun stood thought my have it worth- record while to tarily “suction,” canceled word agree that However, dissent. I cannot named,” canceling “first same time the words any patentable claim 5 there is invention over ,to “receiving.” changed “removing” As patent. Again the first success seems me changed, present 5 form. claim assumed depend band-apply on the claim, amendment broadened the ing means, every agrees quite differentiating purpose it was not different from that used the defendant. against it. prior art cited claim from the ap Claim does not involve but would that, estoppel seeking-do inter There can any any ply containing band-ap machine pret original the claim the narrower form plying mechanism;, limited unless ly presented. Bundy Detroit, v. 94 F. purposes validity, plaintiff which the 375; (C. C. C. A. Bird Sears-Roebuck does not want. The claim for most A.)C. F. conception abstract Of the invention. 22 and 88 conclude that claims We prescribed elements, (1) patent the first had patent claim 5 the second first container, (2) a band suction means with infringed, are the decree valid and bands, drawing (3) means on con ap- below should have been entered for the veyor receiving pellant. .means, holding the con suction’ Decree reversed. veyor, (4) moistening means, (5) band- applying mechanism. it did not have What (7) (6) reciprocating conveyor, which was I Judge (dissenting). Circuit HAND, /moistening means transferred the band to the cannot, 88 of the see that claims band-applying thence means. any infringed than claim more n was a flexible my find has not been. It does brothers belt, which, reciprocating, instead of was my not seem desirable to state reasons to me *7 upon sprocket a carried chain and0trav infringe- length, beyohd saying that for at ellipse. in an eled necessary it to find that the ment seems to me broadly valid, If the claim is must be it support 44-44 the stack reciprocation of because only cycle. part of bands at some of The mere is novel, idea for the re- a mechanism of proof that I can find in record is that áltogether ciprocation is different that from to'-rejeet they do I see no reason Bent- not. that of the defendant’s. I do that believe ley’s testimony only is to function their novelty. only patentable There remains against pulling away more than insure position the moistener. In the- first of plain it band at time. To me seems moistening patent, is done the band while analogúe reciprocating fingers 0-0 wholly upon sucker, mechanism is rigid the defendant’s from that different of the second ledges, are indeed other ''diver- 64. There again depend upon But claim must gences between the claim defendant’s and the mere while the band on idea supporting and but mechanism, conveyor, in this too the defend- because In alone me’fatal the suit. seems-to quite different. I do mechanism ant’s .not 22, any therefore, “mov- cannot, I find idea, that, patentable think as a mere this is bands above able either. device”; e., the In claim 88 can sucker. I i. plaintiff must maintain succeed, To “support adapted find no the low- cigar-band- person made a that the first who ermost band of of bands to can who ing apparatus control others latter and form a between the lower- any apparatus in which the se- make the next one above.” most do believe quence steps I the same. proven- its defendant’s machine has any mere invention in that se- that there Boyd, 763, 547, from rather than from ience But, sequence is dis- or, quence. if there suit; not, op- if least Britton, in which a sucker removes Boyd’s. Dealing, as we closed eration is more like jaws reciprocat- time, very label at a are, compli- detail One a limited gummed it, and is then seize it mechanism, fail to see cated I what the which holds the band to the defendant’s suck- der er after done on ton the band is not ship HARBOR SERVICE (Circuit ship dering support maritime lien. Maritime its own passes consents general, is sufficient her, work claim, Court of to a purposes liens first withdrawal. UNITED STATES. June THE when the HARBOR SERVICE CORPORATION Nos. wrapping consent is receiver and indeed it is <3^>28—Consent authority for receivers or- 13, 1925.) held, Appeals, ARCADIA. clone. 257, 347. eliminated that element owner CORPORATION v. it is ordering machine. sufficient Second Circuit. true, work chartered authority owner of plaintiff In arm Brit- » F.(2<1) manager of the “Contract Bureau of the must be the receiver to return the that, 1921, the District Court on June 2d directed repairs for which Shipping having gency May 17, 1920, the case ease of the Harbor court assistant between pany delivered on operated by On Arcadia to the Arcadia creditors’ bill filed 11 and to retain her appointed he did on June 9th. Fleet May Southern District of New York. in' surveyed May director of when of the Clinton UNITED STATES had notified any period 2,1921, the American Bureau of Corporation. The August the charterer July a receiver event in June. On and June Company receiver one operations classification, eight 25th libels expired 1921. Company was ship of that the District Court months. She Shipping were filed until November Shipping were appointed May services Sterling, April furnished year, and 19th the charter and in board, Board Emer- Com- ship was un- Sterling Board” notice, advised ship be- <§^>29 liens 2. Maritime —Receiver surveyed having you longing added: “This will will be States, note neces- to United it Board, Shipping on advice of for classification sary in order for the steamer to retain her ship. permitted pledge been held to have classification in the records of American and ship belonging States to United Receiver foreign suggest shipping, would there- surveyed repairs made, ship having had you fore that inform the American Bureau might retain her classification order she Shipping Board that of Shipping when advised after would be pledge ship, is convenient to make authority necessary, held to have examination vessel take the neces- Act within Merchant Marine sary action to restore her classification in ac- Supp. SO, (Comp. 192S, § P Ann. § subd. St. survey survey.” cordance with this was ooo). 8146% 3d, repairs held June services Appeal from District Court of the were those required. which it | District of United States the Southern in each The defense ease was li- that the York. New acquired belants lien, maritime because *8 “upon the work was not done the order of Separate suits Service Cor- Harbor vessel, person aof owner au- poration Dry Docks, l’nc., and the Clinton thorized owner,” tbe in accordance with against States, owner of the United P subdivision of section 30 of the Merchant steamship Arcadia. From a decree re- Marine 1920 (Comp. Act of St. Supp. Ann. spondent case, appeals; libelant 1923, 8146%ooo). § and from a decree for libelant sec- case, respondent appeals. ond Reversed in Crowell & Rouse and E. Rouse, Curtis case, and affirmed in second case. City, of New York Dry Docks, for Clinton Inc. Appeals from two decrees the admiral- Hall, Walter B. City, New York ty upon libels under the Suits in Admiralty Corporation. Harbor Service (Comp. Act Supp. 1923, St. §§ Ann. 1251%- Emory Buckner, Atty., R. U. S. repairs for services and 1251%l) done Ralph Romaine, B. both City, of New York Steamship Arcadia, owned the Unit- for the United States. operated by ed States and Shipping In the suit of Board. Harbor Service ROGERS, HOUGH, Before HAND, Corporation the decree was for re- Judges. Circuit spondent, and Dry in that of the Clinton Docks for the libelant. The (after evidence both HAND, Judge Circuit stating the same. above). the facts as think We it unneces- On March 1920, the United States un- sary questions to consider the other raised, der “bare boat” charter party, chartered judgment because our depend the suits up-