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WALLE v. DALLETT

135 F.Supp. 390 (1955)

Mrs. Thelma Morse WALLE, widow of Haakon Walle, Deceased, Libellant, v. John DALLETT, Respondent.

United States District Court S. D. New York.

October 19, 1955.

Attorney(s) appearing for the Case

Thelma Morse Walle in pro. per.

Macklin, Speer, Haman & McKernan, New York City, for respondent. James N. Allan, New York City, of counsel.

HERLANDS, District Judge.

Upon this motion excepting to a second amended libel in admiralty, respondent urges the following grounds for final dismissal: laches; failure to state a genuine triable issue; and failure to state a claim upon which relief can be granted. The Court will treat the cumulative motion as in the nature of a motion for summary judgment under Fed. Rules Civ.Proc. rule 56, 28 U.S.C.A.

The libellant...

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