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MERCADO v. UNITED STATES

120 F.Supp. 888 (1953)

MERCADO v. UNITED STATES et al.

United States District Court S. D. New York.

September 29, 1953.

Attorney(s) appearing for the Case

Sterling & Schwartz, New York City, for libelant.

Purdy, Lamb & Catoggio, New York City, for respondent impleaded McAllister Bros., Inc.

Dougherty, Ryan & Mahoney, New York City, for respondent U. S. and A. L. Burbank & Co., Ltd.

NOONAN, District Judge.

This is a motion brought pursuant to Rule 27 of the General Admiralty Rules, 28 U.S.C.A., by respondents-impleaded, A. L. Burbank & Co., Ltd., to sustain its exceptions and dismiss the impleading petition of the respondents-impleaded, McAllister Bros., Inc., and McAllister Lighterage Lines, Inc., on the ground that it does not state a cause of action against Burbank in that Burbank was not the owner and had no control over the vessel aboard...

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