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THE FRANK J. FOBERT

No. 2100.

32 F.Supp. 214 (1940)

THE FRANK J. FOBERT. WESTCHESTER FIRE INS. CO. v. BUFFALO HOUSE WRECKING & SALVAGE CO.

District Court, W. D. New York.

March 11, 1940.

Attorney(s) appearing for the Case

Purdy & Lamb, of New York City, and Brown, Ely & Richards, of Buffalo, N. Y. (W. A. Eldridge, of Buffalo, N. Y., of counsel), for libellant.

Wilcox & Van Allen, of Buffalo, N. Y. (Selby G. Smith, of Buffalo, N. Y., of counsel), for respondent.

KNIGHT, District Judge.

This is a motion by libellant to strike from respondent's answer the demand for a jury trial and place the cause on the Admiralty calendar for trial without a jury. The respondent also moves for leave to amend its answer to include the allegation, in substance, that the barge in question was of 20 tons burden or upward and enrolled and licensed for the coasting trade. Without objection the motion to amend is allowed.

Libel is brought...

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