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LAVELLO v. DANKO

175 F.Supp. 92 (1959)

Florence J. LAVELLO, as Administratrix of the Goods, Chattels and Credits which were of Francis J. Lavello, Deceased, v. Marie DANKO, as Executrix of the Estate of John F. Danko, Deceased.

United States District Court S. D. New York.

July 10, 1959.

Attorney(s) appearing for the Case

Morris Pinsley, New York City, for libellant.

Newman & Katz, New York City, for respondent.

DAWSON, District Judge.

This is a motion to overrule peremptory exceptions to a libel. The action grows out of the crash of an airplane off Block Island, which is alleged to be more than one marine league from the nearest shore of any state. The action was brought in admiralty pursuant to the Death on the High Seas Act. 46 U.S. C.A. § 761 et seq. It is alleged that the death was caused solely as a result of the negligence...

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