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BARNES v. UNITED STATES

67 F.Supp. 571 (1946)

BARNES v. UNITED STATES et al.

District Court, S. D. New York.

August 1, 1946.

Attorney(s) appearing for the Case

William L. Standard, of New York City, for libellant.

John F. X. McGohey, U. S. Atty., and Burlingham, Veeder, Clark & Hupper, all of New York City, for respondents.

RIFKIND, District Judge.

Respondent, United States of America, excepts to the libel on the ground that the court is without jurisdiction since libellant is not a resident of this district and the ship on which the deceased seaman was injured was not in this jurisdiction at the time the libel was filed. The libel is brought under the Suits in Admiralty Act, 46 U.S. C.A. § 741 et seq.

At the outset, libellant raises the point that the respondent is in default...

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