McMURRAY v. UNITED STATES

No. 83, Docket 27077.

298 F.2d 618 (1962)

Max GELLER and Anne Geller, Plaintiffs-Appellants, v. HOLLAND-AMERICA LINE, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 19, 1962.


Attorney(s) appearing for the Case

Eli Ellis, New York City (Hill, Betts, Yamaoka, Freehill & Longcope, J. P. Catuzzi, Jr., New York City, of counsel, on the brief), for plaintiffs-appellants.

John J. Crowley, New York City (Burlingham, Hupper & Kennedy, Francis I. Fallon, New York City, of counsel, on the brief), for defendant-appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.


PER CURIAM.

Appellants, plaintiffs below, appeal from a decision of the district court granting summary judgment for appellee. This action which is predicated upon personal injuries sustained by Anne Geller on December 17, 1958, while a passenger on appellee's vessel, The S. S. Statendam, was commenced on June 23, 1960. Since the Cruise Passage Contract (the Contract) between appellants and appellee contained a provision...

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