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ATENCIO v. THE S.S. CIUDAD DE BOGOTA

155 F.Supp. 590 (1957)

Juan Humberto ATENCIO S., Libellant, v. THE S.S. CIUDAD DE BOGOTA, her boilers, engines, tackle, apparel and furniture, all persons claiming an interest therein, and FLOTA MERCANTE GRANCOLOMBIANA S. A. and Transportadora Grancolombiana Limitada, Respondents.

United States District Court S. D. New York.

October 30, 1957.

Attorney(s) appearing for the Case

Baker, Garber & Chazen, Hoboken, N. J., Jack Steinman, New York City, for libellant.

Renato C. Giallorenzi, New York City, for respondents.

EDELSTEIN, District Judge.

Respondents move to dismiss a libel on the ground that, insofar as it pleads a cause of action for personal injuries under the Jones Act, 46 U.S.C.A. § 688, that Act does not sustain jurisdiction in this action between aliens; and insofar as causes of action under the general maritime law are pleaded (for personal injuries on the ground of unseaworthiness, for maintenance and cure and for negligent failure to treat), this court should...

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