MacMAHON, District Judge.
Libellant moves, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment on the ground that there is no issue of fact which would require a trial on the merits.
At the threshold, respondent questions libellant's right to invoke the summary judgment rule in an admiralty action. Some recent cases have held that summary judgment was available in admiralty actions. E. g., Kalyvakis v. The Olympia...
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