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EGAN v. DONALDSON ATLANTIC LINE

37 F.Supp. 909 (1941)

EGAN, Public Administrator, v. DONALDSON ATLANTIC LINE, Ltd., et al. FISHER v. SAME.

District Court, S. D. New York.

January 20, 1941.

Attorney(s) appearing for the Case

Haight, Griffin, Deming & Gardner, of New York City (David L. Corbin, of New York City, of counsel), for plaintiffs.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Vernon S. Jones and Walter X. Connor, both of New York City, of counsel), for defendants.

GODDARD, District Judge.

These are two motions to dismiss the complaints in the above entitled actions which are brought to recover damages for wrongful death. The two motions are based on substantially identical facts, and the same question of law is presented in each motion. Each of the complaints purports to allege a cause of action at common law under Lord Campbell's Act (9th and 10th Victoria, ch. 93, and amendments thereof) for the death of a passenger whose...

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