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OMAHA INDEM. CO. v. WHALENECK HARBOR MARINA, INC.

No. 84 CV 2174.

610 F.Supp. 154 (1985)

OMAHA INDEMNITY COMPANY as subrogee of Sea Treats Unlimited, Inc., Plaintiff, and Sea Treats Unlimited, Inc., and Al M. Perlmutter, Intervenors, v. WHALENECK HARBOR MARINA, INC., Leonard Maggio d/b/a Whaleneck Harbor Marina, and John Doe, a fictitious name, the true name being unknown, d/b/a Whaleneck Harbor Marina, Defendants.

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

May 30, 1985.

Attorney(s) appearing for the Case

Rassner, Rassner & Olman, New York City, for plaintiff; Donald D. Olman, New York City, of counsel.

Leiby & Welch, New York City, for intervenors; Kenneth L. Leiby, New York City, of counsel.

David Jaroslawicz, New York City, for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is an action for negligence, breach of contract and trespass. Plaintiff and intervenors seek to recover for damage to intervenor's yacht, the S/V Sea Roar, and they claim the action is within the admiralty jurisdiction of this Court. 28 U.S.C. § 1333. Defendants have moved to dismiss for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). For the reasons developed below, the motion...

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