MUNSON S. S. LINE v. GLASGOW NAVIGATION CO., Limited.
(Circuit Court of Appeals, Second Circuit.
January 21, 1914.)
No. 208.
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Munson Steamship Line against the Glasgow Navigation Company, Limited. On motion to file amended and supplemental libel and to take new proofs. Granted conditionally.
Before LACOMBE, COXE, and WARD, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The libelant’s motion for leave to file an amended and supplemental libel and to take new proofs in this court is granted, unless the parties stipulate as follows, to wit: The respondent, that it will not set up the defense of laches in the second suit brought by the libelant; and the libelant, that it will discontinue the first suit at its own costs, in which case the motion will be denied.