The Red Wing

The briefs filed herein contain nothing that operates to modify the views of the court as expressed from the bench at the conclusion of the evidence. The cases cited in the brief of proctor for libelant are not analogous to this ease. The Emma B (D. C.) 140 F. 771 , and Metropolitan S. S. Co. v. Pacific-Alaska Navigation Co. (D. C.) 260 F. 973 , do hot concern partnerships, but relate to disputes between co-owners or part owners of vessels.

Here, however, the dispute arises between partners owning unequal interests in the ship Red Wing, and the main questions are whether or not a partnership in the ship exists between Kordich and Anton Zanieh, and whether or not respondent Vincent Zanieh purchased an interest in the ship Red Wing with knowledge that the ship was partnership property of Kordich and Anton Zanieh. These questions present no maritime issues cognizable by admiralty courts.

The issue presented by the libel, namely, “that in consequence of diversity of opinion and interest in relation to the employment of said vessel, which is irreconcilable, the said owners are unable to agree upon any voyage or business for said vessel,” is feigned, subordinate, and incidental to the…