The above cause coming on to be heard upon the briefs of the parties, the transcript of record, and the arguments of counsel in open court, and the court being fully advised, Now, Therefore,

*248It is Ordered, Adjudged and Decreed that the judgment of the District Court, Detroit & Cleveland Nav. Co. v. The Elbert H. Gary, 161 F.Supp. 570, be and is hereby affirmed upon the findings of fact and conclusions of law of Judge O’Sullivan.