WOOD, District Judge.
The ultimate issue to be decided is whether the libellant's suit is barred by laches: the immediate question before us is whether the amended libel states facts which (if proven at trial) are sufficient to overcome the defense of laches. If the facts pleaded in the amended libel are not sufficient, the libel should be dismissed.
Walter Smigiel, the libellant, alleges that he was injured while working as a longshoreman aboard respondent...
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