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KONTOS v. THE S.S. SOPHIE C.

Nos. 269, 273 of 1959.

184 F.Supp. 835 (1960)

Theodoros KONTOS, Libellant-Petitioner, v. THE Liberian S.S. SOPHIE C., her boats, engines, tackle, apparel, etc.; Peter Paul Vucetic and John Doe, both non-residents, individually, and as Masters; and Southern Star Shipping Co., Inc. and Excelsior Shipping Co., Ltd., both foreign corporations or associations, as owners and/or operators of the Liberian S.S. Sophie C., Respondents. George ZARIFIS, Libellant-Petitioner, v. THE Liberian S.S. SOPHIE, C., her boats, engines, tackle, apparel, etc.; Peter Paul Vucetic and John Doe, both non-residents, individually, and as Masters; and Southern Star Shipping Co., Inc. and Excelsior Shipping Co., Ltd., both foreign corporations or associations, as owners and/or operators of the Liberian S.S. Sophie C., Respondents.

United States District Court E. D. Pennsylvania.

June 13, 1960.

Attorney(s) appearing for the Case

Sidney J. Smolinsky (of Dorfman, Pechner, Sacks & Dorfman), Philadelphia, Pa., for libelants.

Harrison G. Kildare (of Rawle & Henderson), Philadelphia, Pa., for respondents.

GOODRICH, Circuit Judge.

These two cases are libels in admiralty brought by the libelants, Zarifis and Kontos, claiming damages for injuries due to negligence and unseaworthiness and maintenance and cure. The libelants move to amend their libels by adding counts for wages and penalties under 46 U.S.C.A. §§ 578, 596, 597 and 599; the respondents move to dismiss. The two cases present the same problems and may be disposed of in one opinion.

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