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BATTAGLIA v. UNITED STATES

199 F.Supp. 834 (1961)

James BATTAGLIA, Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

December 1, 1961.

Attorney(s) appearing for the Case

Vincent J. Lumia, Brooklyn, N. Y., for libelant; Anthony S. Bottitta, Brooklyn, N. Y., of counsel.

Robert M. Morgenthau, U. S. Atty., S. D. New York, New York City, for respondent; Louis E. Greco, Walter L. Hopkins, New York City, of counsel.

FEINBERG, District Judge.

This is a libel in admiralty under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., against the United States for personal injuries allegedly sustained by libelant while working as a longshoreman aboard a ship owned and operated by the United States. The United States has moved for summary judgment dismissing the libel under Rule 58 (b) of the Supreme Court Admiralty Rules, 28 U.S.C.A. on the ground that libelant had failed to...

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