WEILBACHER v. UNITED STATES


99 F.Supp. 109 (1951)

WEILBACHER v. UNITED STATES.

United States District Court S. D. New York.

April 23, 1951.


Attorney(s) appearing for the Case

Robert Emmet Connolley, New York City, for libelant.

Irving H. Saypol, U. S. Atty., New York City, Hanrahan & Brennan, New York City, of counsel, for respondent.


RYAN, District Judge.

Defendant has filed exceptions and exceptive allegations to the libel, which raise essentially the defense of res judicata. Simultaneously, libelant moves for an order vacating and setting aside an order of this court, dated September 28, 1949, entered upon a stipulation dismissing the appeal from a judgment entered in a prior action.

The libel is filed by a seaman and member of the crew of the S. S. William A. Graham, which was owned...

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