THE JOSEPH O'DONNELL

No. 15580.

37 F.Supp. 120 (1940)

THE JOSEPH O'DONNELL. THE S & H NO. 1. DALY v. SOUND & HARBOR TOWING CORPORATION.

District Court, E. D. New York.

August 16, 1940.


Attorney(s) appearing for the Case

Purdy & Lamb, of New York City (John E. Purdy, of New York City, of counsel), for libellant.

Foley & Martin, of New York City, for respondent.


ABRUZZO, District Judge.

This is a motion to strike out part of the answer.

The libel in this action was originally filed on January 5, 1939. An amended libel was filed December 15, 1939. On November 6, 1939, an interlocutory decree pro confesso was entered, but subsequent to that date, the default was opened and Sound & Harbor Towing Company was given further time to file its answer. On April 5, 1940, the respondent set up the issue of limitation of liability...

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