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NESET v. SKIBS A/S OIL EXPRESS CO.

Civ. A. No. 10829.

93 F.Supp. 530 (1950)

NESET v. SKIBS A/S OIL EXPRESS CO. OF MOSS, NORWAY.

United States District Court E. D. New York.

October 18, 1950.

Attorney(s) appearing for the Case

Silas B. Axtell, New York City, for plaintiff.

Pyne, Lynch & Smith, New York City, for defendant. Warner Pyne, Thomas A. Sully, New York City, of counsel.

GALSTON, District Judge.

The motion seeks, pursuant to Rule 12(b) and (h) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint on the ground that the court has no jurisdiction.

The complaint sets up three causes of action and asserts that the court has jurisdiction by virtue of the Jones Act, 46 U.S. C.A. § 688, and the General Maritime Law of the United States.

It appears from the complaint that the plaintiff, a...

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