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CONTE v. RIO DE LA PLATA

169 F.Supp. 164 (1959)

Anibal CONTE, Libellant, v. The RIO DE LA PLATA and Flota Mercante Del Estado, Respondents.

United States District Court S. D. New York.

January 12, 1959.

Attorney(s) appearing for the Case

Cohen & Cohen and Jerome Golenbock, New York City, for libellant; Donald S. Sherwood, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for respondents; Walter X. Connor, New York City, of counsel.

McGOHEY, District Judge.

The respondent moved the court to decline jurisdiction and dismiss "the libel and every claim asserted therein" on the ground that the suit is "between foreigners," arises out of injuries sustained on the high seas beyond the territorial limits of the United States and is governed by Argentine law.

The libel asserts claims (a) for damages resulting from injuries allegedly caused by negligence...

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