BYERS, District Judge.
Motion by the respondent Mercantile Ship Repair Co., Inc. (hereinafter to be called Mercantile) to dismiss the libel which is captioned "Libel and Complaint" and to vacate the attachment under which the Marshal seized the vessel above named on August 15, 1946.
The questioned pleading avers four alleged causes:
(1) The execution and delivery of a "joint preferred ship mortgage" covering said vessel, in favor of libelant and Mercantile...
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