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PHILLIPS v. THE HELLENIC

179 F.Supp. 5 (1959)

Dudley J. PHILLIPS, Libelant, v. THE HELLENIC, her engines, boilers, etc. and Compania Internaccional de Vapores Lda., Respondents.

United States District Court S. D. New York.

On Motion to Reargue September 1, 1959.

Attorney(s) appearing for the Case

Jerome Golenbock, New York City, for libelant.

Hill, Betts & Nash, New York City, for respondents.

THOMAS F. MURPHY, District Judge.

This libel was filed March 20, 1957. The citation and libel were served upon respondents' "agent" on February 3, 1959. Within the time permitted by stipulation respondents appeared "specially" and filed exceptions claiming that each cause of action was time barred. About three months later, and before argument of the prior filed exceptions, respondents again appeared "specially" and moved to quash the service of the citation and returned...

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