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BIRKS v. UNITED FRUIT CO.

48 F.2d 655 (1930)

BIRKS v. UNITED FRUIT CO., Inc.

District Court, S. D. New York.

May 7, 1930.

Attorney(s) appearing for the Case

Allen Caruthers, of New York City, for plaintiff.

W. Dale Williams, of New York City, for defendant.

COXE, District Judge.

This complaint is not only technically insufficient in failing to allege facts showing that a death action may be maintained by the administratrix, The La Bourgogne, 210 U.S. 95, 138, 28 S.Ct. 664, 52 L. Ed. 973, but also is probably fatally defective in that under the maritime law the master has no action against the owners of the vessel for damages for willful assault committed on the high seas by members of...

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