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THE EVERETT

No. 17.

13 F.Supp. 359 (1935)

THE EVERETT.

District Court, E. D. Pennsylvania.

November 19, 1935.

Attorney(s) appearing for the Case

E. Herman Fuiman, of Philadelphia, Pa., for plaintiff.

Shields, Clark, Brown & McCown, of Philadelphia, Pa., for defendant.

DICKINSON, District Judge.

Briefs were requested giving relevant statute or rule provisions on the subject of the discontinuance of proceedings in admiralty. We have been supplied with none and have found none.

The Jones Act (section 33 [46 U.S.C.A. § 688]) gives to an injured seaman the right "at his election" to sue at law, in which case the provisions of the railroad employees act applies. This proceeding was begun by a libel in admiralty. The libelant...

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