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DECKER v. MOORE-McCORMACK LINES

Nos. 50-9, 50-28.

91 F.Supp. 560 (1950)

DECKER et al. v. MOORE-McCORMACK LINES, Inc. SCHLUTER v. MOORE-McCORMACK LINES, Inc.

United States District Court, D. Massachusetts.

June 30, 1950.

Attorney(s) appearing for the Case

Isadore E. Paretsky, Boston, Mass., for libellant Schluter.

John O. Parker, Ely, Bartlett, Thompson & Brown, Boston, Mass., for libellant Decker and others.

Thomas H. Walsh, Boston, Mass., for respondent.

SWEENEY, Chief Judge.

The actions in each case are identical since the point raised is the right of the libellants to recover under their second counts. The actions are brought in personam and the libellee is alleged to be a foreign corporation; hence, the Massachusetts survival statute, General Laws (Ter. Ed.), c. 228, sec. 1, is inapplicable. The actions involve the death of the libellants' decedents on the high seas resulting from a collision between The...

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