CATALDO v. UNITED STATES


108 F.Supp. 560 (1952)

CATALDO v. UNITED STATES.

United States District Court, S. D. New York.

November 26, 1952.


Attorney(s) appearing for the Case

Paul C. Matthews, New York City, for libellant.

Myles J. Lane, U. S. Atty., New York City, and Burlingham, Veeder, Clark & Hupper, New York City, for respondent.


IRVING R. KAUFMAN, District Judge.

Four exceptions are raised to the amended libel. Exceptions (a) and (c) will be dealt with first.

The respondent urges that since a prior action entitled "Donato Cataldo v. North Atlantic & Gulf Steamship Co., Inc." Civil Docket No. 41-561, was not dismissed solely because improperly brought against the general agent of the respondent but for lack of prosecution, that the instant suit is time barred.

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