MERLINO v. UNITED STATES


104 F.Supp. 817 (1952)

MERLINO et al. v. UNITED STATES.

United States District Court S. D. New York.

May 26, 1952.


Attorney(s) appearing for the Case

Arkin, Lebovici & Kottler, New York City, for libelants.

Myles J. Lane, U. S. Atty., New York City, Haight, Deming, Gardner, Poor & Havens, New York City, J. Ward O'Neill, William P. Kain, Jr., New York City, of counsel, for respondent.


WEINFELD, District Judge.

This is a suit by Vittoria Merlino for personal injuries sustained while a passenger on the SS Marine Perch, and by her husband, Rocco Merlino, for loss of services. The Government excepts to the libel on the ground that it "fails to allege necessary jurisdictional facts required by Section 745 of Title 46 U.S.C.A."

A prior action was brought by the libelants upon the same claims against American Export Lines, Inc., the general agent...

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