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MONTEIRO v. SAN NICOLAS, S.A.

No. 152, Docket 24642.

254 F.2d 514 (1958)

John MONTEIRO, Libellant-Appellant, v. Sociedad Mar. SAN NICOLAS, S.A. and THE S.S. EURYVIADES, her engines, tackle, boilers and appurtenances, etc., Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided April 14, 1958.

Attorney(s) appearing for the Case

Lebovici & Safir, New York City (Isaac Salem, New York City, of counsel), for libellant-appellant.

Cardillo & Smith, New York City (Charles H. Bridge, Jr., New York City, of counsel), for respondent-appellee, Sociedad Maritima San Nicolas, S.A.

Before MEDINA and MOORE, Circuit Judges, and GALSTON, District Judge.

MEDINA, Circuit Judge.

This is an appeal from an order of the District Court quashing the service of process and dismissing the libel. The substance of the libel, not in any way involved on this appeal, states a claim for wages allegedly due libellant, a non-resident seaman, for work he performed aboard the S.S. Euryviades, a tramp freighter flying the Liberian flag and owned by respondent, a Panamanian corporation. On this appeal libellant contends that P. D. Marchessini...

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