THE PAN AMERICA

No. 15433.

24 F.Supp. 673 (1938)

THE PAN AMERICA.

District Court, E. D. New York.

September 27, 1938.


Attorney(s) appearing for the Case

Gazan & Caldwell, of New York City, for the motion.

Roscoe H. Hupper, of New York City, opposed.


BYERS, District Judge.

This is a motion of Marco Mendoza to permit him to prosecute his claim for maintenance and cure and damages for alleged negligence at common law "to final award against Roscoe H. Hupper, Esq., Receiver of the S. S. Pan America, and the owners and operators" thereof.

The question for decision is whether Mendoza can assert his claim in an action at common law.

The order appointing the receiver, in paragraph 10, provides among other...

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