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NYE v. A/S D/S SVENDBORG

No. 69 Civ. 141.

358 F.Supp. 145 (1973)

Doris E. NYE, Individually and as Administratrix Ad Prosequendum of the Estate of Charles W. Nye, Deceased, et al., Plaintiffs, v. A/S D/S SVENDBORG and D/S OF 1912 A/S, Defendants. A/S D/S SVENDBORG and D/S OF 1912 A/S, Defendants and Third-Party Plaintiffs, v. MARINE ENGINE SPECIALTIES CORP., Third-Party Defendant.

United States District Court, S. D. New York.

May 18, 1973.

Attorney(s) appearing for the Case

Gair, Gair & Conason, New York City, for plaintiffs.

Haight, Gardner, Poor & Havens, New York City, for defendants and third-party plaintiffs by William P. Kain, Jr., Thomas F. Molanphy, New York City, of counsel.

Coppola & D'Onofrio, New York City, for third-party defendant; Larkin, Wrenn & Cumisky, New York City, of counsel.

GURFEIN, District Judge.

This action was begun in the Supreme Court of New York County against the defendant shipowner and its agent alleging that the death of plaintiffs' decedent on the high seas was caused by the unseaworthiness of the vessel "EVELYN MAERSK" and by the negligence of her crew. The action was removed to this Court upon the ground of diversity of citizenship. The defendants have earlier been found to have waived their right to trial by jury. The defendants...

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