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BENEVENTO v. UNITED STATES

68 F.Supp. 347 (1946)

BENEVENTO v. UNITED STATES et al.

District Court, S. D. New York.

April 26, 1946.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Haight, Griffin, Deming & Gardner, of New York City, of counsel), for the United States.

Haight, Griffin, Deming & Gardner, of New York City (J. Ward O'Neill and James M. Estabrook, both of New York City, of counsel), for American Export Lines, Inc.

John J. O'Connor, of New York City (John P. Wourms, of New York City, of counsel), for Union Stevedoring Corporation.

LEIBELL, District Judge.

The exceptions of the impleaded respondent, Union Stevedoring Corporation, to the petition of the petitioner, United States of America, and American Export Lines, Inc., have been brought on for a hearing by the usual notice. The "exception" in admiralty performs the function of the "demurrer," formerly employed at common law or in equity. An exception to a pleading in admiralty should not be sustained if any cause of action is well pleaded...

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