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PETITION OF McALLISTER

THE NO. 75.

53 F.2d 495 (1931)

Petition of McALLISTER et al.

District Court, S. D. New York.

November 4, 1931.

Attorney(s) appearing for the Case

Elliott, Jones & Fanning, of Brooklyn, N. Y. (Jay S. Jones, of Brooklyn, N. Y., of counsel), for claimant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and R. H. Caldwell, both of New York City, of counsel), for Pennsylvania R. Co., contingent claimant.

Alexander, Ash & Jones, of New York City (Lawson Jones, of New York City, of counsel), for petitioners.

WOOLSEY, District Judge.

My decision in this cause is that the petitioners may have a decree exonerating them from liability for the accident set forth in their petition, but that such decree shall not carry costs against the claimants.

I. This petition was brought by the owner of the lighter No. 75 in order to stay an action in the New York Supreme Court and to secure a trial in admiralty instead of at law with a jury, of a claim for the death on March 29...

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