RILEY v. SOUTHERN TRANSPORTATION CO.


90 F.Supp. 842 (1950)

RILEY v. SOUTHERN TRANSPORTATION CO.

United States District Court S. D. New York.

May 24, 1950.


Attorney(s) appearing for the Case

Solomon Goodman, New York City, for plaintiff.

Nelson, Healy, Baillie & Burke, New York City (Allan A. Baillie, New York City, of counsel), for defendant.


IRVING R. KAUFMAN, District Judge.

Plaintiff, in its complaint in this action filed June 17, 1949, alleges two causes of action, the first under the Jones Act, 46 U. S.C.A. § 688, and the second for war risk insurance for loss of life and personal effects. Defendant moves for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A., upon the following grounds:

(a) That plaintiff's first cause of action for the wrongful...

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