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STALKER v. SOUTHEASTERN OIL DELAWARE

Civ. A. No. 1339.

103 F.Supp. 436 (1951)

STALKER v. SOUTHEASTERN OIL DELAWARE, Inc.

United States District Court D. Delaware.

Motion to Dismiss Denied February 20, 1952.

Attorney(s) appearing for the Case

Henry A. Wise, Jr., of Wilmington, Del., for plaintiff.

James L. Latchum and David F. Anderson (of Berl, Potter & Anderson), of Wilmington, Del., for defendant.

RODNEY, District Judge.

This is a motion to dismiss a complaint filed under the Jones Act,1 in which complaint a jury trial is demanded. The present motion involves the following facts.

On April 6, 1949, the plaintiff, alleging that he was a seaman injured as a result of the negligence of the defendant or its agents, filed his complaint in admiralty under the Jones Act seeking to recover under that Act for his injuries, and also...

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