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ROBBINS v. ESSO SHIPPING COMPANY

190 F.Supp. 880 (1960)

Jack ROBBINS, administrator of the Estate of Leo Schwarz a/k/a Leo Schwanz, and Jack Robbins, administrator ad prosequendum of the estate of Leo Schwarz a/k/a Leo Schwanz, Plaintiff, v. ESSO SHIPPING COMPANY and Esso Standard Oil Company, Defendants.

United States District Court S. D. New York.

January 27, 1960.

Attorney(s) appearing for the Case

Baker, Garber & Chazen, Hoboken, N. J., for plaintiff; Milton Garber, Hoboken, N. J., of counsel.

Kirlin, Campbell & Keating, New York City, for defendant Esso Standard Oil Co.; George T. Delaney, New York City, of counsel.

LEVET, District Judge.

The defendant Esso Standard Oil Company by notice of motion dated August 26, 1959, moves for summary judgment under Rules 12 and 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the plaintiff's complaint as against said defendant basing the said motion upon the statute of limitations.

Plaintiff's decedent was allegedly injured on board the S.S. Esso Havana on April 5, 1956 and died on April 13, 1956, allegedly from...

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