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CABALES v. UNITED STATES

No. 68 Civ. 1614.

300 F.Supp. 1323 (1968)

Frisco M. CABALES, Plaintiff, and U. S. A. ex rel. Frisco M. Cabales, Petitioner, v. UNITED STATES of America, Bulk Transport, Inc., General Agent and Frank W. Lawrence, Master of the SS ALBION VICTORY, Defendants.

United States District Court S. D. New York.

November 6, 1968.

Attorney(s) appearing for the Case

William E. Fuller, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., Louis E. Greco, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, for USA and Bulk. Peter Martin Klein, New York City, of counsel.

RYAN, District Judge.

Defendant BULK TRANSPORT moved for summary judgment. Defendant UNITED STATES also moves for partial summary judgment, dismissing the first alleged cause of action alleged against it except as to plaintiff's claim for personal effects and wages claimed due and not deposited; dismissing the second and fourth alleged causes of action; declaring that defendant LAWRENCE acted as an agent and employee of the UNITED STATES; and dismissing the complaint...

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