ALLANWILDE TRANSPORT CORPORATION v. VACUUM OIL CO.

ALLANWILDE TRANSPORT CORPORATION v. VACUUM OIL CO. (Circuit Court of Appeals, Third Circuit. March 10, 1919.) No. 2337. Appeal from the District Court of the Hinted States for the District of Now Jersey; John Itellstab, Judge. libel by the Vacuum Oil Company against the Allanwildo Transport Corporation. A decree for libelant (247 Fed. 236) was appealed to the Circuit Court of Appeals, which certified certain questions to the federal Supreme Court, which were answered in 248 U. S. 377, 39 Sup. Ct. 147, 63 L. Ed.-. Decree reversed, and libel dismissed. Duncan & Mount, of New York City, for appellant. Barry, Wainwright, Thacher & Svmmers, of New York City, for appellee. Before BUFFINGTON, MCPHERSON, and WOODLEY, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. The controversies in this case and in the companion case of Allanwilde Transport Corporation v. A. W. Pidwell, 256 Fed. 987, - C. C. A. -, grew out of an order of the government refusing clearance to any sailing vessel bound for the war zone, and involved questions of law, iVhotlier the said order frustrated the adventure, and in consequence relieved the carrier from further obligation (1) to carry the cargo and (2) to return the prepaid freight. As the government’s order affected many carriers and shippers on the Atlantic* seaboard, raising similar or kindred controversies, we certified the questions to the Supreme Court. As the Supremo Court has answered these questions in the affirmative (248 U. S. 377, 39 Sup. Ct. 147, 63 L. Ed. -), we now order that the decree below be reversed, and that the libel be dismissed, with all costs to the claimant.