Page:Federal Reporter, 1st Series, Volume 3.djvu/235

 228 rEDKHîîi BEPOBTBB. �is present in botb wrenches, and its addition in the plaintiffs' wrench is the improvement. �The third claim is very like the first; but seems to be in- tended to claim the oombination when a nut exactly like that described in the patent is nsed. This claim is not infringed. �Interlocutory decree for the complainants. ���The General Buensidb. (Cireuit Court, E. D, Michigan., 1880.) �L CLAssmcATioK OF Olaims — DoMESTic AND FoBEiaN Mathrial Mkw.— Claims of domestic material men, for supplies fumished under the itate law, are entitled to stand upon an equal footing and be paid pro rata with the claims of foreign material men. Per Baxter, 0. J., reversing the opinion of Brovm, D. J. �In Admiralty. �On exceptions to the oommissioner's report of the classifl- tîon of claims. �It was referred to the clerk of this court, as oommissioner, to classify the claims and report the order in which they Bhould be paid. By the report made in compliance with thi« order it appeared that certain claims for repairs and sup- plies furnished in Canadian ports were placed in the second elass, before other claims for like repairs and supplies fur- nished at Detroit and other places in Michigan, which wera placed in the third class. The Bumside was owned in Detroit, and was therefore a domestic yessel, as to ail claims in th» third class. Exceptions were taken by the Detroit Dry Dock Company upon the ground that ail material men, whether foreign or domestic, should be ranked alike. �John J. Speed and Geo. E. Holiday, for the exceptors. �J. J. Atkinson, contra. �Brown, D. j. The sole question presented by the exceptions is whether claims for necessaries furnished in foreign port» are entitled to be paid in preference to those furnished in a ����