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SILVESTRI v. ITALIA SOCIETA PER AZIONI DI NAVIGAZIONE

No. 175, Docket 31489.

388 F.2d 11 (1968)

Ciro SILVESTRI, Plaintiff-Appellant, v. ITALIA SOCIETA PER AZIONI DI NAVIGAZIONE, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 4, 1968.

Attorney(s) appearing for the Case

Paul C. Matthews, New York City, for plaintiff-appellant.

Michael D. Martocci, New York City (Dorsey, Burke & Griffin, New York City, Morgan J. Burke, New York City, on the brief), for defendant-appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge:

On June 20, 1966, Ciro Silvestri filed a libel in the District Court for the Southern District of New York to recover damages for an injury sustained on October 9, 1964, as a result of a lurch by the Italian Line's S.S. Leonardo Da Vinci on which he was an eastbound transatlantic passenger. Although process never issued against the ship, it was stipulated that the action should be deemed to be in rem as well as in personam. The...

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