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FLANAGAN v. THE H. F. GILLIGAN

158 F.Supp. 393 (1958)

John P. FLANAGAN, Libellant, v. THE Scow H. F. GILLIGAN, New York Trap Rock Corporation, and THE Tug BOSTON and Red Star Towing & Transportation Co., Inc., Respondents.

United States District Court S. D. New York.

January 29, 1958.

Attorney(s) appearing for the Case

Harry Ruderman and Henry Isaacson, New York City, for libellant.

Foley & Martin, New York City, for respondent Red Star Towing & Transportation Co., Inc.

EDELSTEIN, District Judge.

The Red Star Towing and Transportation Co., Inc., as respondent and as claimant of the tug Boston, excepts to the amended libel on the ground that the cause of action alleging a seaman's injury to have occurred on December 14, 1953, is barred by laches, the amended libel joining the named respondent having issued on September 17, 1957.

If the cause of action were grounded solely in negligence, the analogous statute of limitations...

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