BIRKS v. UNITED FRUIT CO.


48 F.2d 656 (1930)

BIRKS v. UNITED FRUIT CO., Inc.

District Court, S. D. New York.

November 13, 1930.


Attorney(s) appearing for the Case

Allen Caruthers, of New York City, for plaintiff.

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


BONDY, District Judge.

This is a motion to dismiss the second amended complaint on the ground that it does not state facts sufficient to constitute a cause of action, and on the further ground that the alleged cause of action is barred by the statute of limitations.

The first amended complaint which was dismissed by Judge Coxe is stated to have alleged that the crew of a vessel owned and operated by the defendant, willfully and wantonly stabbed and assaulted...

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