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McAFOOS v. CANADIAN PACIFIC STEAMSHIPS

No. 116, Docket 24278.

243 F.2d 270 (1957)

Evelyn McAFOOS and William Neff, Plaintiffs-Appellants, v. The CANADIAN PACIFIC STEAMSHIPS, Ltd., and The Canadian Pacific Railway Co., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 2, 1957.

Attorney(s) appearing for the Case

Richard Gyory, of Cooper, Ostrin & De Varco, New York City (Sidney Roffman, New York City, on the brief), for plaintiffs-appellants.

Ernest S. Ballard, Jr., of Bleakley, Platt, Gilchrist & Walker, New York City (Dennis P. Donovan, New York City, on the brief), for defendants-appellees.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

CLARK, Chief Judge.

This is an appeal from a decision, D.C. S.D.N.Y., 143 F.Supp. 73, dismissing an action under the Jones Act, 46 U.S.C. § 688, on the ground that there was already pending an earlier instituted libel in admiralty for the same recovery. On this appeal the parties also have presented the issue as one of "election" between a civil action "at law" and a suit in admiralty, although this conceals the more fundamental...

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