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McDANIEL v. THE M/B LISHOLT

180 F.Supp. 24 (1959)

James E. McDANIEL, Libelant, v. THE M/B LISHOLT, her engines, boilers, apparel, etc., and THE A/S LISE, Respondent.

United States District Court S. D. New York.

December 28, 1959.

Attorney(s) appearing for the Case

Maclay Morgan & Williams, New York City, for libelant (Hugh S. Williamson, New York City, of counsel).

Haight, Gardner, Poor & Havens, New York City, for respondent (Francis X. Byrn and Thomas F. Molanphy, New York City, of counsel).

RYAN, Chief Judge.

This libel has been retried by this Court following remand from the United States Supreme Court (1959, 359 U.S. 26, 79 S.Ct. 602, 3 L.Ed.2d 625). Admiralty jurisdiction is based on the allegation of the commission of a maritime tort.

The libel had been dismissed by this Court upon a finding that respondent had not breached any duty owed to libellant. The Court found at this prior trial that libellant, as a...

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