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PIMIENTA v. MARINE NAVIGATION CO.

No. 63 Civ. 620.

258 F.Supp. 666 (1966)

Shirley PIMIENTA, Administratrix of the Estate of Ralph Pimienta, Deceased, Plaintiff, v. MARINE NAVIGATION CO., Inc. and Marine Transport Lines, Inc., Defendants.

United States District Court S. D. New York.

June 6, 1966.

Attorney(s) appearing for the Case

Cooper, Ostrin, DeVarco & Ackerman, New York City, for plaintiff, Herbert DeVarco, New York City, of counsel.

Cadwalader, Wickersham & Taft, New York City, for defendants, John A. Sullivan, New York City, of counsel.

CANNELLA, District Judge.

Motion by the defendants pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings, dismissing plaintiff's complaint to the extent that it seeks to recover for wrongful death and pain and suffering by reason of any alleged unseaworthiness of the S.S. Marine Voyager on the ground that such are not claims upon which relief can be granted, is granted in part and denied in part.

Motion by the plaintiff...

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