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ARNOLD v. LUCKENBACH S.S. CO.

Civ. 75-262.

162 F.Supp. 58 (1957)

Joseph ARNOLD v. LUCKENBACH S.S. CO.

United States District Court S. D. New York.

December 12, 1957.

Attorney(s) appearing for the Case

Samuel Segal, New York City (Philip Segal, New York City, of counsel), for plaintiff.

Burlingham, Hupper & Kennedy, New York City (James W. Lynch, New York City, of counsel), for defendant.

THOMAS F. MURPHY, District Judge.

Defendant moves to dismiss for want of jurisdiction, claiming the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., by its 1950 amendment created an exclusive remedy. Although this motion is brought some four years after issue was joined we have a duty to decide it since it is properly before us in the Motion Term. Plaintiff opposes the motion solely on the ground that Judge Dimock some three years ago denied defendant...

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