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SUISSA v. AMERICAN EXPORT LINES, INC.

No. 73 Civ. 1762 R.J.W.

367 F.Supp. 1113 (1973)

Jacob SUISSA, Plaintiff, v. AMERICAN EXPORT LINES, INC., (f/k/a American Export Isbrandtsen Lines, Inc.), Defendant

United States District Court, S. D. New York.

December 14, 1973.

Attorney(s) appearing for the Case

Klein, Cohen & Schwartzenberg, New York City, for plaintiff; Max Cohen, New York City, of counsel.

Lorenz, Finn, Giardino & Lambos, New York City, for defendant; Richard P. Lerner, New York City, of counsel.

ROBERT J. WARD, District Judge.

This is a seaman's action for overtime wages in the amount of $3,384.82 originally brought in New York Civil Court but claiming penalties for non-payment pursuant to 46 U.S.C. § 596. Defendant removed the case to this Court, invoking jurisdiction under 29 U.S.C. § 185 (commonly known as § 301 of the Labor Management Relations Act), and moved to dismiss the complaint pursuant to Rule 12(b), Fed.R.Civ.P., for failure to...

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