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SMIGIEL v. COMPAGNIE DE TRANSPORTS OCEANIQUES

No. 363 of 1958, Admiralty.

183 F.Supp. 518 (1960)

Walter SMIGIEL v. COMPAGNIE DE TRANSPORTS OCEANIQUES v. MARRA BROS., INC.

United States District Court E. D. Pennsylvania.

April 1, 1960.

Attorney(s) appearing for the Case

Freedman, Landy & Lorry, Philadelphia, Pa., for libellant.

Rawle & Henderson, Philadelphia, Pa., for respondent.

John J. McDevitt, 3rd, Philadelphia, Pa., for impleaded respondent.

WOOD, District Judge.

The impleaded respondent has served libellant with interrogatories. Libellant has excepted thereto on the ground that impleaded respondent is not an "adverse party" with respect to libellant, and that therefore, impleaded respondent may not serve the interrogatories under Admiralty Rule 31, 28 U.S. C.A. This question has recently been argued in this Court,1 and it has...

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