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McLAUGHLIN v. BLIDBERG ROTHCHILD COMPANY

156 F.Supp. 381 (1957)

Reva McLAUGHLIN, individually and as Administratrix of the Estate of Clarence R. McLaughlin, deceased, and Diane Sherry McLaughlin, an infant by Reva McLaughlin, her Guardian ad Litem, Plaintiffs, v. BLIDBERG ROTHCHILD COMPANY, Inc., and States Marine Corporation of Delaware, Defendants.

United States District Court S. D. New York.

November 13, 1957.

Attorney(s) appearing for the Case

Marvin Schwartz, New York City, for plaintiffs. Betty H. Olchin, New York City, of counsel.

Dougherty, Ryan & Mahoney, New York City, for defendant Blidberg Rothchild Co., Inc.

LEVET, District Judge.

The defendant Blidberg Rothchild Company, Inc. (hereinafter designated as Blidberg) has moved for an order dismissing the above-entitled action on the ground that an earlier instituted libel in admiralty (Admiralty No. 189-358) is pending for the same recovery, that plaintiffs are precluded from bringing this action at law, and that this action is vexatious and causing defendant Blidberg to defend two actions for the same recovery.

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