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JOHANSSON v. O. F. AHLMARK & CO.

107 F.Supp. 70 (1952)

JOHANSSON v. O. F. AHLMARK & CO.

United States District Court S. D. New York.

April 28, 1952.

Attorney(s) appearing for the Case

Harry Eisenberg, New York City, for libelant.

Haight, Deming, Gardner, Poor & Havens, New York City, for respondent.

SUGARMAN, District Judge.

Respondent moves on the ground that "this court does not have jurisdiction of the action", to dismiss a libel claiming damages under the Jones Act1 and indemnity for unseaworthiness in the first cause of action and maintenance and cure in the second.

This motion will be treated as a hearing on exceptions to the libel, although the parties have proceeded as if this were a civil action.

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