Kell

Evidence oral and documentary was introduced; the cause was 'argued orally and submitted, whereupon the Court rendered its decision from the bench.

Thereafter formal Findings of Fact and Conclusions of Law were waived by stipulation of counsel in open court; however inasmuch as the libelant has subsequently indicated his desire to prosecute an appeal in this cause, and Findings of Fact and ’Conclusions of .Law are desired by the parties, and the Court being fully advised in the premises, it now makes its

Findings of Fact

as follows:

I

At the times mentioned in the Libel, the libelant George Kell was an American citizen, residing in the City of Long Beach, State of California, and was the owner of the fishing vessel “Newcomer”, a vessel of the United States of America, 52 feet in length and of 59 gross and 55 net tons, and of a reasonable market value in sound condition of not less than $49,000.

II

At the times material hereto, the respondent ’and cross-libelant, Earl C. Axtell, Jr., was master of the American fishing vessel “Jesse A”, which vessel was an oil screw fishing vessel approximately 38 feet in length and of the reasonable value of $16,500, or thereabouts. Said…