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MAHER v. NEWTOWN CREEK TOWING CO.

190 F.Supp. 933 (1961)

Thomas MAHER, Plaintiff, v. NEWTOWN CREEK TOWING CO., Russell Bros. Towing Co., Inc., H. P. Sears, Jr., Thomas A. Sears and R. J. Sears, Individually, and H. P. Sears, Jr., Thomas A. Sears and R. J. Sears, doing business as Rome Transportation Co., Defendants.

United States District Court S. D. New York.

February 6, 1961.

Attorney(s) appearing for the Case

Standard, Weisberg, Harolds & Malament, New York City, Melvyn N. Spain, New York City, of counsel, for plaintiff.

Foley & Grainger, New York City, Joseph K. Grainger, Robert P. Whelan, New York City, of counsel, for H. P. Sears, Jr., et al., doing business as Rome Transp. Co.

WEINFELD, District Judge.

This motion to dismiss the complaint for lack of jurisdiction presents the question of whether this Court has jurisdiction over a cause of action based solely upon the general maritime law asserted against a nondiversity defendant, by virtue of its joinder with a Jones Act1 cause of action properly asserted against other defendants. The action was commenced on the law side of the court.

Plaintiff, a deckhand...

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