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CURRY v. STATES MARINE CORP. OF DELAWARE

118 F.Supp. 234 (1954)

CURRY v. STATES MARINE CORP. OF DELAWARE et al.

United States District Court S. D. New York.

January 20, 1954.

Attorney(s) appearing for the Case

William L. Standard, New York City (Edward J. Malament, New York City, of counsel), for plaintiff.

Corydon B. Dunham, New York City, for States Marine Corp. of Delaware, appearing specially and solely for the purpose of this motion.

Corydon B. Dunham, New York City (Xavier N. Sardaro, New York City, of counsel), for States Marine Corp.

WEINFELD, District Judge.

The parties have taken conflicting positions on the limitation period which governs under the plea of laches in this maritime tort. Absent consent by the moving party that the limitation period which the District Court of New York would apply by analogy were the action to remain here shall govern in the transferee district, the motion to transfer under § 1404(a), 28 U.S.C.A., is denied.

Plaintiff properly effected service upon...

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