MISTRETTA v. S.S. OCEAN EVELYN

No. 63 Ad. 1224.

250 F.Supp. 868 (1966)

Salvatore MISTRETTA, Libelant, v. S.S. OCEAN EVELYN, her engines, hull, tackle, cargo and her appurtenances thereof, Ocean Transportation Co. Inc., and Maritime Overseas Corp., Respondents, v. The UNITED STATES of America, American Stevedores, Inc., Respondents-Impleaded.

United States District Court E. D. New York.

February 23, 1966.


Attorney(s) appearing for the Case

Jacob Rassner, New York City (Solomon J. Cohen, New York City, of counsel), for libelant.

Sidney A. Schwartz, New York City (Alexander, Ash & Schwartz, New York City, of counsel), for respondents and impleaded respondents.


DOOLING, District Judge.

The motion of libelant for leave to dismiss this admiralty personal injuries suit raises again the uneasy question of the right of a litigant to dismiss his case for the purpose of renewing the litigation in another court. Here, libelant means to pursue his claim in the state court before a jury. His position is the plain one that, since this court has denied the parties summary judgment, although the parties were united in arguing that summary...

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