BRYAN, District Judge.
The point here is whether absence of the ship tolls the one-year limitation of the Virginia death by wrongful act statute when the right of action is enforced by a libel in rem against the vessel charged with the tortious killing.
An in personam libel upon the same statute for the death of James Bright, Jr. was heretofore dismissed as too late, Continental Cas. Co. v. Thorden Line, 4 Cir.,
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