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UNITED STATES v. THE M/V BLACK FALCON

No. 58-15.

172 F.Supp. 776 (1959)

UNITED STATES of America, Libelant, v. THE M/V BLACK FALCON, her engines, tackle, etc., Respondent.

United States District Court D. Massachusetts.

May 8, 1959.

Attorney(s) appearing for the Case

Anthony Julian, U. S. Atty., George C. Caner, Jr., Asst. U. S. Atty., Boston, Mass., for plaintiff.

Thomas H. Walsh, Boston, Mass., for defendant.

FRANCIS J. W. FORD, District Judge.

In this libel brought to recover penalties for violations of the Dangerous Cargo Act, 46 U.S.C.A. § 170, libelant moves to strike claimant's answer to libelant's request to admit facts and to declare the facts recited in the request admitted.

The answer filed clearly fails to meet the requirements of Admiralty Rule 32B, 28 U.S.C.A., requiring such answer to be under oath. The answer is signed:

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