DI PAOLA v. INTERNATIONAL TERMINAL OPERATING CO.

No. 64 Civ. 1008.

294 F.Supp. 736 (1968)

Gaetano DI PAOLA, Plaintiff, v. INTERNATIONAL TERMINAL OPERATING CO., Inc., Dominican Steamship Line, Brodin Line and Daido Line, Defendants, INTERNATIONAL TERMINAL OPERATING CO., Inc., Rederiaktiebolaget Disa, Rederiaktiebolaget Poseidon, Aktiebolaget Svenska Orient Linien, and Japan Line, Ltd., Third-Party Plaintiffs, v. PIER 8 TERMINALS, INC., Third-Party Defendant.

United States District Court S. D. New York.

December 23, 1968.


Attorney(s) appearing for the Case

Sylvia Miller, New York City, for plaintiff.

Fogarty & Nielsen, New York City, for defendant, International Terminal Operating Co., Inc.


MANSFIELD, District Judge.

In this action by a pier worker to recover damages for personal injuries, defendant International Terminal Operating Co., Inc. ("ITO") has moved pursuant to Rule 56(b), F.R.Civ.P., for summary judgment dismissing the complaint on the ground that the Court lacks subject matter jurisdiction.

The complaint originally based jurisdiction on diversity of citizenship, but during a pretrial conference it became apparent that the Court lacked...

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