TARTAGLIO v. CUNARD WHITE STAR


56 F.Supp. 55 (1944)

TARTAGLIO v. CUNARD WHITE STAR, Limited.

District Court, S. D. New York.

February 17, 1944.


Attorney(s) appearing for the Case

Jacob Rassner and Benjamin Green, both of New York City, for plaintiff.

Lord, Day & Lord, of New York City, for defendant.


RIFKIND, District Judge.

The question presented by this motion to strike the 5th affirmative defense is whether, in an action by a longshoreman against a third person for injuries caused by its negligence, a defense is sufficient which pleads that the plaintiff accepted compensation from his employer as provided by the Longshoremen's and Harbor Workers' Compensation Act, without also alleging that it was accepted "under...

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