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CUPO v. ISTHMIAN S. S. CO.

56 F.Supp. 45 (1941)

CUPO v. ISTHMIAN S. S. CO., Inc.

District Court, S. D. New York.

March 31, 1941.

Attorney(s) appearing for the Case

David M. Fink and Jacquin Frank, both of New York City (Charles Glatzer, of New York City, of counsel), for plaintiff.

James A. Hughes, of New York City (Henry Allen Mark, of New York City, of counsel), for defendant.

LEIBELL, District Judge.

Plaintiff moves this Court for an order dismissing the "First" and "Sixth" affirmative defenses of defendant's answer, on the ground that such defenses are insufficient in law.

The action is brought to recover damages arising from personal injuries sustained by the plaintiff on August 29, 1940, by reason of defendant's alleged negligence. At the time of the accident the plaintiff, an employee of the Jarka Corporation, a stevedoring...

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