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CAPARELLI v. PROCEEDS OF FREIGHT

No. 71 Civ. 4454.

390 F.Supp. 1345 (1974)

Frank CAPARELLI et al., Plaintiffs, and Robert L. Jones et al., and James J. Hayes et al., Plaintiffs-Intervenors, v. The PROCEEDS OF FREIGHT, Pan American Tankers Corporation and Whitehall Navigation Corporation, Pursuant to Charter Parties with the Government of South Vietnam for Transport of Cargo Aboard the S. S. CORTLAND, S. S. BOWLING GREEN and S. S. WHITEHALL, Defendants. NATIONAL BANK OF NORTH AMERICA, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

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

March 25, 1974.

Attorney(s) appearing for the Case

Schulman, Abarbanel & Schlesinger, New York City, for plaintiffs; David Jaffe, New York City, of counsel.

Zwerling & Zwerling, New York City, for plaintiffs-intervenors Jones, and others; Martin Kent, New York City, of counsel.

Markowitz & Glanstein, New York City, for plaintiffs-intervenors Hayes, and others; Joel C. Glanstein, New York City, of counsel.

Lord, Day & Lord, New York City, for defendant and third-party plaintiff National Bank of North America; Woodson D. Scott, New York City, of counsel.

Cole & Deitz, New York City, Gen. Counsel for National Bank of North America; Edward N. Meyer, New York City, of counsel.

Paul J. Curran, U. S. Atty., S. D. N. Y., for the Government; Daniel H. Murphy, II, Asst. U. S. Atty., of counsel.

OPINION

BONSAL, District Judge.

This is an action in admiralty for recovery of mariners' wages. Plaintiffs and plaintiffs-intervenors sue in rem against "proceeds of freight" and in personam against defendant National Bank of North America ("National"). The "proceeds of freight" are alleged to be within this district in the possession or under the control of National.

Plaintiffs are unlicensed seamen who in 1967 and 1968 allegedly were employed aboard...

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