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GDYNIA-AMERICA SHIP. LINES v. LAMBROS SEAPLANE BASE

115 F.Supp. 796 (1953)

GDYNIA-AMERICA SHIPPING LINES, Limited v. LAMBROS SEAPLANE BASE, Inc.

United States District Court S. D. New York.

July 15, 1953.

Attorney(s) appearing for the Case

Haight, Deming, Gardner, Poor & Havens, New York City, Charles S. Haight and Richard G. Ashworth, New York City, of counsel, for cross-libelant.

Purdy, Lamb & Catoggio, New York City, Vincent A. Catoggio, New York City, for cross-respondent.

McGOHEY, District Judge.

Exceptions have been filed by the libelant seeking to dismiss the respondent's cross-libel.

The facts as alleged in the cross-libel, which must be accepted as true for present purposes, are these: On August 8, 1950, the m/s Batory, owned by Gdynia-America Shipping Lines, Ltd., was proceeding at sea on a voyage from New York to Southampton, England. When the ship was about 14 miles south of Fire Island, a Piper seaplane, owned by Lambros...

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