In re the Wages of Swope

OLIVER J. CARTER, District Judge.

Pending before the Court is the motion of respondent Leonard C. Swope to set aside and rescind a default decree forfeiting his wages in the sum of $948.57, together with costs, to the Treasurer of the United States for desertion under the provisions of Title 46 U.S.C.A. § 701 and Admiralty Rule 42, 28 U.S.C.A.

The petition on behalf of the United States was filed by the United States Attorney for the Northern District of California on December 1, 1958. The petition alleges that on September 9, 1957, the respondent Leonard C. Swope signed on the USNS Pioneer…