IRVING R. KAUFMAN, District Judge.
Four exceptions are raised to the amended libel. Exceptions (a) and (c) will be dealt with first.
The respondent urges that since a prior action entitled "Donato Cataldo v. North Atlantic & Gulf Steamship Co., Inc." Civil Docket No. 41-561, was not dismissed solely because improperly brought against the general agent of the respondent but for lack of prosecution, that the instant suit is time barred.
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