SMIGIEL v. COMPAGNIE DE TRANSPORTS OCEANIQUES

No. 363 of 1958, Admiralty.

185 F.Supp. 328 (1960)

Walter SMIGIEL v. COMPAGNIE DE TRANSPORTS OCEANIQUES v. MARRA BROS., INC.

United States District Court E. D. Pennsylvania.

July 26, 1960.


Attorney(s) appearing for the Case

Freedman, Landy & Lorry, By Avram G. Adler, Philadelphia, for libellant.

Rawle & Henderson, By Robert A. Hauslohner, Philadelphia, for respondent.


WOOD, District Judge.

The ultimate issue to be decided is whether the libellant's suit is barred by laches: the immediate question before us is whether the amended libel states facts which (if proven at trial) are sufficient to overcome the defense of laches. If the facts pleaded in the amended libel are not sufficient, the libel should be dismissed.

Walter Smigiel, the libellant, alleges that he was injured while working as a longshoreman aboard respondent...

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