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185 F. 1007

Docket No. 200.

The Vargin

Second Circuit Court of Appeals

Decided March 13, 1911.)

Second Circuit Court of Appeals · decided 1911-03-13

This cause comes here upon appeal to review a decree awarding the libelant, as master of the German steamship Erika, $45,000 as salvage and $3,333.21 for expenses, with Interest and costs. Burlingham, Montgomery & Beecher (Charles C. Burlingham, of counsel), for appellant. Wheeler, Cortis & Haight (C. S. Haight, of counsel), for appellee.

Relies on The Varzin

Opinion by (per_curiam) · Decided 1911-03-13

¶1Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal to review a decree awarding the libelant, as master of the German steamship Erika, $45,000 as salvage and $3,333.21 for expenses, with Interest and costs. Burlingham, Montgomery & Beecher (Charles C. Burlingham, of counsel), for appellant. Wheeler, Cortis & Haight (C. S. Haight, of counsel), for appellee.

¶2Before LACOMBE, COXE, and WARD, Circuit Judges.

¶3PER CURIAM.

¶4In our opinion, interest should not he added to the amount awarded by the court’s decision, intermediate the filing of the opinion and the entry of the decree, unless the delay in entering decree is attributable in some way to claimant, which does not appear to be the case here. Judge Hand’s opinion (180 Fed. 892) sets forth the facts with great fullness, and as appellant concedes with accuracy. Since we are satisfied with his reasoning imd concur in his conclusion, further discussion seems unnecessary. With the modification above suggested, the decree is affirmed, without costs of this appeal.

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