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THE FAVORITE

34 F.Supp. 324 (1940)

THE FAVORITE. THE HOOK MOUNTAIN. THE BEAR MOUNTAIN. CORN EXCHANGE BANK TRUST CO. v. McALLISTER NAV. CO., Inc. (TIETJEN & LANG DRY DOCK CO., et al., Interveners).

District Court, S. D. New York.

May 17, 1940.

Attorney(s) appearing for the Case

Laughlin, Gerard, Bowers & Halpin, of New York City (Bigham, Englar, Jones & Houston, of New York City, of counsel; George S. Brengle and John L. Quinlan, both of New York City, Advocates), for libelant.

Crowell & Rouse, of New York City (E. Curtis Rouse and George L. Varian, both of New York City, of counsel) for intervenors.

CONGER, District Judge.

The libel herein is brought by the Corn Exchange Bank Trust Company to foreclose a preferred mortgage on three vessels, the SS Bear Mountain, SS Hook Mountain, and SS Favorite. The facts have been stipulated or admitted in the pleadings, except that proof was given in Court of service of notice of actual commencement of the suit as required by statute and by order of this Court entered herein. No appearances or claim of the owner were filed...

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