McILVAINE, District Judge.
The plaintiff has filed a complaint under the Federal Employers' Liability Act, 45 U.S.C.A. § 51, et seq., and an amended complaint seeking to recover under the Jones Act, 46 U.S.C.A. § 688.
The defendant has filed its motion to dismiss the complaint. In respect to plaintiff's action under the Federal Employers' Liability Act, it is clear that plaintiff is not pressing that phase of the
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