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THE CZECHOSLOVAKIA VICTORY

76 F.Supp. 808 (1948)

THE CZECHOSLOVAKIA VICTORY et al.

District Court, S. D. New York.

March 30, 1948.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City, for libellant.

Hunt, Hill & Betts, of New York City, for respondents.

RIFKIND, District Judge.

By notice of motion and affidavit libellant moves for an order striking out that portion of respondents' answer which denies jurisdiction in the admiralty with respect to the second cause of action alleged in the libel.

The normal procedure in the admiralty is to raise such an issue by exception and, in some circumstances, by exceptive allegations. However, no objection has been taken to the borrowed procedure and I shall treat the...

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