Toichi Tomikawa v. United States

MATHEWS, Circuit Judge.

The United States filed its libel in ran, seeking forfeiture of the vessel Patricia and recovery of certain penalties said to have been incurred by appellant as master and owner of the vessel. The libel was in three counts. The District Court, after hearing the case, entered a decree dismissing the first count, sustaining the second and third counts, and granting the relief therein prayed for. This appeal is from that decree.

No appeal having been taken by the government, the action of the District Court in dismissing the first count of the libel is not before us for…