Opinion
No. 8058.
March 13, 1939.
Appeal from the District Court of the United States for the Southern District of Ohio; John H. Druffel, Judge.
Stephens, Lincoln Stephens, of Cincinnati, Ohio, for appellant.
Judson A. Shuey and Sol N. Wolfson, both of Cincinnati, Ohio, for appellee.
Before HICKS, SIMONS, and HAMILTON, Circuit Judges.
This cause was heard upon the transcript of the record, briefs and arguments of counsel and it appearing that the libel is based upon an alleged contract for hiring appellee as a pilot on the Steamer "Margaret Hall" from June 19, 1937, to January 22, 1938, inclusive; and it further appearing by the decided weight of the evidence that no such contract, either express or implied, was entered into between appellant and appellee, it is therefore ordered and adjudged that this cause be, and the same is, dismissed.