MAROVITZ, District Judge.
Motion of defendant to dismiss the cause of action.
This complaint, in two counts, arises out of a shipboard accident, jurisdiction being founded upon diversity of citizenship. Plaintiff, a porter on a vessel owned by defendant, alleges that as a result of defendant's negligence he suffered severe injuries in a fall on June 7, 1956, while attempting to climb into his assigned upper bunk. More specifically, it is contended that defendant...
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