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BURIE v. OVERSEAS NAVIGATION CORP.

205 F.Supp. 182 (1962)

Aime BURIE et al., Libellants, v. OVERSEAS NAVIGATION CORP., Sirena Shipping Co., S.A., Panama, and the S.S. LOMALAND, her engines, boilers, tackle and appurtenances, etc., Respondents.

United States District Court S. D. New York.

May 24, 1962.

Attorney(s) appearing for the Case

Lebovici & Safir, New York City, for libellants (Herbert Lebovici, New York City, of counsel).

Dougherty, Ryan, Mahoney & Pelligrino, New York City, for respondents (Lawrence J. Mahoney, New York City, of counsel).

COOPER, District Judge.

This is a suit by some twenty-one merchant seamen against the erstwhile owners of the SS LOMALAND, based, primarily, upon a claim of wrongful discharge and, alternatively, upon alleged violations of the statutory provisions governing shipment of seamen.

In essence the libel grows out of two principal alternative theories of recovery: (1) that respondents wrongfully discharged these seamen in violation of their original shipping articles...

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