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FERNANDEZ v. LINEA AEROPOSTAL VENEZOLANA

156 F.Supp. 94 (1957)

Jenny FERNANDEZ and Herman Varela, as Administrators of the Estate of Elvia B. Varela, Deceased, Libelants, v. LINEA AEROPOSTAL VENEZOLANA, Respondent.

United States District Court S. D. New York.

October 21, 1957.

Attorney(s) appearing for the Case

Herbst & Herbst, New York City, for libelants, Jerome Golenbock, New York City, of counsel.

Brinsmade & Schafrann, New York City, for respondent, Hobart L. Brinsmade, New York City, of counsel.

DAWSON, District Judge.

Two motions have been presented to the Court. The first one brings up exceptions by the respondents to the five alleged causes of action contained in the libel, on the ground that the libel fails to state causes of action either in admiralty or at law. The second motion seeks to transfer the second, third, fourth and fifth causes of action from the admiralty to the civil docket.

The action was started by a libel in admiralty. It was...

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