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FEDERAL COMMERCE & NAV. CO., LTD. v. M/V MARATHONIAN

No. 74 Civ. 1899 (JMC).

392 F.Supp. 908 (1975)

FEDERAL COMMERCE & NAVIGATION CO., LTD., Plaintiff, v. The M/V MARATHONIAN, her engines, etc., and Europa Shipping Corporation, Defendants.

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

April 8, 1975.

Attorney(s) appearing for the Case

Healy & Baillie, New York City (Nicholas J. Healy and Edward J. Miller, New York City, of counsel), for plaintiff.

Burlingham, Underwood & Lord, New York City (Kenneth H. Volk and Michael C. Bynane, New York City, of counsel), for defendants.

MEMORANDUM DECISION

CANNELLA, District Judge:

Upon the authority of Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927), the defendants have moved the Court for an order dismissing the complaint for failure to state a claim upon which relief can be granted.1 As we find the decision in Robins controlling, the motion is hereby granted.

Accepting...

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