ANTOLOS v. MINISTERE de LA MARINE MARCHANDE


214 F.Supp. 296 (1962)

Dujo ANTOLOS, Plaintiff, v. MINISTERE de LA MARINE MARCHANDE and Compagnie Generale Trans-Atlantique, also known as French Line, Defendants.

United States District Court S. D. New York.

December 28, 1962.


Attorney(s) appearing for the Case

Di Costanzo, Klonsky & Sergi, Brooklyn, N. Y., for plaintiff; Robert Klonsky, Brooklyn, N. Y., of counsel.

Edwin Longcope, New York City, for defendant Ministere de la Marine Marchande; Edwin Longcope, Robert S. Blanc, Jr., New York City, of counsel.

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for Compagnie Generale Trans-Atlantique, also known as French Line; Edwin Longcope, Robert S. Blanc, Jr., New York City, of counsel.


McLEAN, District Judge.

This is an action to recover damages for personal injuries allegedly sustained by plaintiff, a longshoreman, by reason of defendants' negligence and the unseaworthiness of defendants' vessel. Although the complaint alleges a maritime tort, this action is brought at law under the "saving clause." 28 U.S.C. § 1333(2). Jurisdiction is based on diversity of citizenship.

Defendants move to dismiss the amended complaint as time barred...

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