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CITY OF NEW YORK v. McALLISTER BROTHERS, INC.

177 F.Supp. 679 (1959)

CITY OF NEW YORK, as owner of the Brooklyn Bridge, Libelant, v. McALLISTER BROTHERS, INC., Respondent, and United States of America, Respondent-Impleaded. THE DOROTHY McALLISTER. THE A. J. McALLISTER.

United States District Court S. D. New York.

June 12, 1959.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., S.D.N.Y., New York City, for libelant.

Foley & Martin, New York City, for respondent.

EDELSTEIN, District Judge.

The Government moves to sustain its exceptive allegations to the petition of the respondent, McAllister Brothers, Inc., seeking to implead the United States, on the ground of the failure of the respondent to serve "forthwith" a copy of its petition upon the United States under section 2 of the Suits in Admiralty Act, 46 U.S.C. § 742, 46 U.S.C.A. § 742. The respondent moves to dismiss...

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