BRUSICH v. GRACE LINE


56 F.Supp. 48 (1944)

BRUSICH v. GRACE LINE, Inc.

District Court, S. D. New York.

January 6, 1944.


Attorney(s) appearing for the Case

Jacob Rassner, of New York City, for plaintiff.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Walter X. Connor, of New York City, of counsel), for defendant.


CAFFEY, District Judge.

The plaintiff moves for two things. One is to strike out the answer. The other is to strike out the third defense (paragraphs 16 to 21) of the answer, referred to in the notice of motion as "the defense of compensation."

I discover no ground for eliminating the answer in its entirety; nor has any been suggested. The sole matter for discussion, therefore, is the third defense.

The issue turns on Section 33 of the Longshoremen...

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