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FREDRICKSEN v. UNITED STATES

59 F.Supp. 831 (1945)

FREDRICKSEN v. UNITED STATES.

District Court, S. D. New York.

January 3, 1945.

Attorney(s) appearing for the Case

Harry Eisenberg, of New York City (Jacob Rassner, of New York City, of counsel), for plaintiff.

James B. M. McNally, U. S. Atty., and Kirlin, Campbell, Hickox, Keating & McGrann, all of New York City (Victor S. Cichanowicz, of Brooklyn, N. Y., of counsel), for respondent.

BRIGHT, District Judge.

Libelant's motion to strike out the defense set forth in the 24th subdivision of the respondent's answer is denied. Respondent has the right to present such a defense under the regulations of the War Shipping Administration where the claim may not comply with its regulation 304.24 adopted pursuant to Public Law 17, 78th Congress, 50 U.S.C.A.Appendix § 1291, to challenge the sufficiency of the notice of claim filed in behalf of the libelant...

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