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JORALEMON v. SOUTH ATLANTIC S. S. CO.

39 F.Supp. 116 (1941)

JORALEMON v. SOUTH ATLANTIC S. S. CO.

District Court, S. D. New York.

March 3, 1941.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Dominick Blasi, of Brooklyn, N. Y., of counsel) for libelant.

Tompkins, Boal & Tompkins, of New York City (Arthur M. Boal, of New York City, of counsel), for respondent.

MANDELBAUM, District Judge.

Respondent has moved for an order striking from the libel all allegations of negligence on the ground that jurisdiction to enforce a cause of action for negligence is under Section 33 of the Merchant Marine Act, 1920 (U.S.C.A.Title 46, § 688), and said statute specifically states: "Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located...

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