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JAMES McWILLIAMS BLUE LINE v. CITY OF NORWALK, CONN.

Adm. No. 4342.

81 F.Supp. 818 (1948)

JAMES McWILLIAMS BLUE LINE, Inc. v. CITY OF NORWALK, CONN. THE SKIPPER.

United States District Court D. Connecticut.

July 28, 1948.

Attorney(s) appearing for the Case

Albert J. Merritt, of Bridgeport, Conn., for libellant.

Harrison D. Schofield, of Hartford, Conn., for respondent.

HINCKS, District Judge.

The first exception questions that the libel states a cause of action within the admiralty jurisdiction of this court. As to this the libel plainly states a maritime tort. Conklin v. City of Norwalk, 2 Cir., 270 F. 68. This exception is therefore overruled.

The second exception is based upon the contention that the respondent's acts which caused the libellant's damage were done in the performance of a governmental function. But a city...

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