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S/A INDUSTRIAS REUNIDAS F. MATARAZZO v. COMPANIA, ETC.

126 F.Supp. 558 (1954)

S/A INDUSTRIAS REUNIDAS F. MATARAZZO, Libellant, v. COMPANIA DE VAPORES SAN ANTONIO, S.A., and THE S. S. EURYSTHEUS, Claimant-Respondent.

United States District Court S. D. New York.

December 13, 1954.

Attorney(s) appearing for the Case

Joseph Cardillo, Jr., New York City, Curran Tiffany, New York City, of counsel, for respondents.

Purrington & McConnell, New York City, for libellant.

McGOHEY, District Judge.

The respondent excepts to the libel on two grounds: first, that the facts alleged "are insufficient to constitute a cause of action"; second, that they "do not constitute a cause of action within the admiralty and maritime jurisdiction of this court."

The libel alleges that, on January 18, 1952, the libellant and respondent entered into a charter party, of which a copy is attached and incorporated...

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