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FEMATT v. CITY OF LOS ANGELES, CAL.

Civ. No. 262-61.

196 F.Supp. 89 (1961)

Elmer FEMATT, Libelant, v. CITY OF LOS ANGELES, CAL., a Municipal Corporation, San Pedro Tug Boat Co., a Corporation (aka Redstack), a Corporation, Gudmund Grimstad, Respondents.

United States District Court S. D. California, Central Division.

June 30, 1961.

Attorney(s) appearing for the Case

Mitchell Levy and Magana & Olney, Los Angeles, Cal., for libelant.

Roger Arnebergh, City Atty., Los Angeles, Cal., Arthur W. Nordstrom, Asst. City Atty., San Pedro, Cal., Walter C. Foster, Deputy City Atty., Los Angeles, Cal., Harry D. Miller, Jr., Deputy City Atty., San Pedro, Cal., Ekdale & Shallenberger, by Gordon P. Shallenberger, San Pedro, Cal., for respondents City of Los Angeles and Gudmund Grimstad.

Manns & Manns, William Manns, Beverly Hills, Cal., for respondent San Pedro Tug Boat Co.

KUNZEL, District Judge.

This matter comes up on respondents' exceptions to the libel, the exceptions being that the libel shows on its face (1) that it is barred by laches, (2) that it is barred by the California statute of limitations of one year, and (3) that libelant has failed to comply with the California claim statutes.

The facts in this case are set forth in Fematt v. Nedlloyd Line, D.C.S.D.Cal. 1961, 191 F.Supp. 907

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