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SPINKS v. UNITED STATES LINES COMPANY

223 F.Supp. 371 (1963)

Otis W. SPINKS, Plaintiff, v. UNITED STATES LINES COMPANY, Defendant.

United States District Court S. D. New York.

September 6, 1963.

Attorney(s) appearing for the Case

Donald E. Klein, Schwartz & O'Connell, New York City, for plaintiff.

Thomas R. McLoughlin, Kirlin, Campbell & Keating, New York City, for defendant.

BONSAL, District Judge.

Plaintiff moves under Fed.R.Civ.P. 12 (f) to strike the fifth defense from defendant's answer. Plaintiff alleges he was injured while employed as a crew member aboard defendant's ship. He seeks damages for personal injuries for negligence under the Jones Act (46 U.S.C. § 688) and for unseaworthiness under the general maritime law. The fifth defense is as follows:

"NINETEENTH: That the plaintiff's employment aboard the SS SOUTHSTAR...

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