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THE ZELLER NO. 8

No. 16105.

45 F.Supp. 359 (1942)

THE ZELLER NO. 8. MACKENZIE v. McALLISTER LIGHTERAGE LINE, Inc., et al.

District Court, E. D. New York.

April 9, 1942.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (John C. Donovan, Sp. Asst. to the U. S. Atty., of New York City, of counsel), for respondent-impleaded.

Dow, McAllister & Symmers, of New York City, for respondent.

Purdy & Lamb, of New York City, for libellant.

CAMPBELL, District Judge.

This is a motion made on behalf of the United States of America to dismiss the above entitled suit on the ground that the Court has no jurisdiction of the subject matter.

Of course, what I suppose the United States claims, is that the suit must be dismissed as against it.

The petition alleges that the scow "Zeller No. 8" owned by libellant, was at the direction of those in charge of the U.S.A.T. Ludington, owned, operated...

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