Felice Grillea v. United States and National Shipping Authority

HAND, Circuit Judge.

The libellant has moved for a rehearing upon our ruling that he did not elect to sue “in rem” until after we had suggested it to him at the end of our opinion. We have granted a rehearing on that issue, and, as will appear below, we think that there was enough evidence to support an “election.” Moreover, sinee the merits of the claim of a lien against the ship had not been at issue on the appeal, we have felt obliged to allow briefs to be filed on that issue also, and therefore the appeal comes before us in these two aspects. First, we will say why we think that the suit…