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INCRES S. S. CO. v. INT. MAR. WORKERS UNION

10 N.Y.2d 218 (1961)

Incres Steamship Company, Ltd., Respondent-Appellant, v. International Maritime Workers Union et al., Appellants-Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Breck P. McAllister, Philip J. Loree and Robert S. Ogden, Jr., for respondent-appellant.

H. Howard Ostrin, Herman E. Cooper, Eugene N. Sosnoff and Harold L. Young for appellants-respondents.

Judges DYE, FROESSEL and FOSTER concur with Chief Judge DESMOND; Judge FULD dissents in an opinion in which Judge BURKE concurs and in which Judge VAN VOORHIS concurs in the following memorandum: I concur in the dissenting opinion by Judge FULD except that I do not reach the question whether the same result would obtain in case of vessels of foreign registry but domestic ownership.

Chief Judge DESMOND.

Plaintiff Incres Steamship Company, Ltd., is a Liberian corporation owned by Italian stockholders. During seven months of each year it operates two Liberian-registered passenger ships, manned by alien crews signed on in Europe, on regularly scheduled cruises to Caribbean ports, originating at and returning to New York City. Its main office is in London and it has no place of business in Liberia...

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