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TYRILL v. ALCOA STEAMSHIP COMPANY

164 F.Supp. 388 (1958)

Hubert TYRILL, Plaintiff, v. ALCOA STEAMSHIP COMPANY, Inc., Defendant.

United States District Court S. D. New York.

July 18, 1958.

Attorney(s) appearing for the Case

Morris Hirschhorn, New York City, for plaintiff.

Haight, Gardner, Poor & Havens, New York City, for defendant, Francis X. Byrn, New York City, of counsel.

SUGARMAN, District Judge.

The defendant moves for an order "pursuant to Rule 12(b) (1) and (6) of the Federal Rules of Civil Procedure [28 U.S.C.A.] dismissing the above action on the grounds that no suit for damage may be brought against an alleged third-party until after the expiration of 90 days from the date of final decision of plaintiff's compensation claim by the Compensation Commissioner of the Virgin Islands pursuant to Title 24, Section 263 of the Virgin...

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