The John J. Timmins ( 1926 )

THACHER, District Judge

(after stating the facts as above). The libelant having delayed the commencement of this suit for a period of 5 years and 43 days, this period should be excluded in computing interest upon damages allowed by the commissioner. Arpillao (C. C. A.) 270 F. 426, 429; James McWilliams, 240 F. 951, 153 C. C. A. 637.

To this extent the exceptions are sustained, and final decree may be entered accordingly.