PHILLIPS v. UNITED STATES

No. 26440.

127 F.Supp. 912 (1955)

Clarence PHILLIPS, Libelant, v. The UNITED STATES of America, Maritime Commission, Maritime Administration, First Doe, Donaldson Line, Ltd., a corporation, sued herein as Second Doe, and Third Doe, Respondents.

United States District Court, N. D. California, S. D.

January 14, 1955.


Attorney(s) appearing for the Case

Melvin M. Belli, Ashe & Pinney, San Francisco, Cal., for libelant.

Lillick, Geary, Olson, Adams & Charles, San Francisco, Cal., for respondent Donaldson Line, Ltd.


OLIVER J. CARTER, Judge.

Respondent's motion to dismiss the first amended libel turns upon whether the practice of suing parties by fictitious names is permissible in an admiralty suit.

One of libelant's proctors sets forth by affidavit that libelant came to his office about three days before the statute of limitations would have become a bar to libelant's suit, and informed him that libelant was injured while working as a stevedore aboard the S. S. Cape Clear...

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