STATES MARINE CORP. OF DELAWARE v. UNITED STATES


120 F.Supp. 585 (1954)

STATES MARINE CORP. OF DELAWARE v. UNITED STATES.

United States District Court S. D. New York.

April 20, 1954.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for plaintiff. John F. Gerity, New York City, of counsel.

J. Edward Lumbard, U. S. Atty., New York City, for defendant, appearing specially. Benjamin H. Berman, Hubert H. Margolies, Attys., Department of Justice, Washington, D. C., of counsel.


IRVING R. KAUFMAN, District Judge.

Defendant, appearing specially, moves pursuant to Rule 12(b) (1) (2) and (6), Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint on the grounds

(1) that the Court lacks jurisdiction over the subject matter and over respondent;

(2) that the complaint fails to state a claim upon which relief can be granted, and

(3) that the alleged claims are cognizable exclusively under the Suits in Admiralty...

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