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NOEL v. AIRPONENTS, INC.

Civ. A. No. 676-58.

169 F.Supp. 348 (1958)

Ruth M. NOEL and Wm. H. Frantz, Executors of the Estate of Marshal L. Noel, Deceased, and Sharon Noel and Marcia Noel, minors by their natural guardian, Ruth M. Noel, Patricia N. Reinhart and Ruth M. Noel, in her own right, Libellants, v. AIRPONENTS, INC., Respondent.

United States District Court D. New Jersey.

December 23, 1958.

Attorney(s) appearing for the Case

David J. Goldberg, Trenton, N. J. (Stephen M. Feldman, Philadelphia, Pa., of counsel), for libellants.

Purvis Brearley, Trenton, N. J. (Wm. J. Junkerman, New York City, of counsel), for respondent.

WILLIAM F. SMITH, District Judge.

This is a suit in admiralty in which the personal representatives of the decedent, as libellants, assert a claim for damages under Section 1 of the Death on the High Seas Act, 46 U.S.C.A. § 761 (First Cause of Action). The matter is before the Court at this time on the motion of the respondent, consistent with exceptions filed herein, to dismiss the libel on the ground that it fails to "state facts sufficient to constitute" a...

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