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SUSPINE v. COMPANIA TRANSATLANTICA CENTROAMERICANA

37 F.Supp. 263 (1940)

SUSPINE et al. v. COMPANIA TRANSATLANTICA CENTROAMERICANA, S. A., et al.

District Court, S. D. New York.

December 6, 1940.

Attorney(s) appearing for the Case

Herbert J. De Varco, of New York City, for libellants.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for respondent Arnold Bernstein Shipping Co. Inc.

Adolph Finkelstein, of New York City (Sydney Saxon, of New York City, of counsel), for respondent Compania Transatlantica Centroamericana, S. A.

HULBERT, District Judge.

Two interesting questions are presented by these cross motions: The more important one is whether citizens of the Philippine Islands may be debarred, under the provisions of the Neutrality Act of 1939, 22 U.S.C.A. §§ 245j to 245j — 19, from serving as seamen on a vessel of foreign registry clearing from a port of the United States; the other is, to what extent exceptive allegations may be employed to bring before the...

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