NETERER, District Judge (after stating the facts as above).
The statement in the complaint that plaintiff elects to bring the action under section 33 of the Merchant Marine Act is not controlling. The stated facts control.
The plaintiff, if injured, has two remedies: One, under the new rules, which extends the common-law right of remedy in cases of personal injury, etc., to recover compensatory damages for negligence; or, under the old rules, for liability...
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