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McCLENDON v. THE CURTIS BAY TOWING CO.

130 F.Supp. 455 (1955)

Robert J. McCLENDON, Plaintiff, v. THE CURTIS BAY TOWING CO., Defendant.

United States District Court, S. D. New York.

April 8, 1955.

Attorney(s) appearing for the Case

Eisenberg & Denbo, New York City, William Gitnick, New York City, of counsel, for plaintiff.

Burlingham, Hupper & Kennedy, New York City, for defendant, appearing specially for the motion.

WEINFELD, District Judge.

The plaintiff commenced this Jones Act action against the defendant alleging that while employed from February 15 to March 11, 1951 as a seaman on board a tug owned by the defendant he contracted tuberculosis, due to defendant's negligence and the unseaworthiness of the vessel. The action was commenced in this district in September, 1953. The defendant appeared specially and moved to set aside and vacate the service of the summons and to...

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