v0825-743

Document Title Page

No. 2293.

IN THE

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

NORTHERN COMMERCIAL COxM-

PANY (a Corporation), and NORTH-

ERN NAVIGATION COMPANY (a

Corporation),

Plaintiffs in Error and Appellants,

vs.

UNITED STATES OF AMERICA,

Defendant in Error and Appellee.

Upon Writ of Error to, and Appeal from, United States

District Court for the District of Alaska, Fourth Judi-

cial Division.

BRIEF OF DEFENDANT IN ERROR AND

APPELLEE.

Parts of Appellant's Statement of Facts Con-

troverted.

The statement of facts made by counsel for appel-

lants is hereby controverted in the following par-

ticulars:

First: They state on page 1 of their brief that the

case comes up on writ of error and appeal upon an

agreed statement of facts when in truth it was sub

mitted to the court below upon the agreed statement

of facts and the evidence taken at the trial before the

court and the hearing before the referee and it comes


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