IZQUIERDO v. CITIES SERVICE OIL CO. (PA.)


244 F.Supp. 758 (1965)

Cesar IZQUIERDO, Plaintiff, v. CITIES SERVICE OIL COMPANY (PA.), Orange State Oil Company, Arkansas Fuel Oil Corporation (Del.), Cities Service Oil Company (Delaware), Cities Service Refining Corporation, Cities Service Petroleum Company, Cities Service Tankers Corporation (Del.), Cities Service Oil Company, Cities Service Company, Defendants.

United States District Court S. D. New York.

July 16, 1965.


Attorney(s) appearing for the Case

Danzig & Danzig, New York City, for plaintiff; Stanley P. Danzig, New York City, of counsel.

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for defendants; Robert S. Blanc, Jr., Thomas H. Healey, New York City, of counsel.


McGOHEY, District Judge.

The defendants have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state claims upon which relief can be granted, on the ground that those asserted are time barred.

The plaintiff, a seaman, asks damages totalling $100,000 on three claims. The first, alleging personal injuries resulting from the defendants' negligence, is laid under the Jones Act.1

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