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DeCARLO v. ITALIAN LINE

No. 75 Civ. 1002.

416 F.Supp. 1136 (1976)

Alice DeCARLO and Peter DeCarlo, Plaintiffs, v. ITALIAN LINE, Defendant.

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

July 22, 1976.

Attorney(s) appearing for the Case

Rassner, Rassner & Olman, New York City, for plaintiffs; Lawrence M. Storm, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendant; Louis J. Gusmano, John R. Geraghty, New York City, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

In this diversity action to recover damages for a shipboard accident, defendant moves, pursuant to Rules 12(b)(6) and 56 of the F.R.C.P., for an order dismissing the complaint on the ground that it was not filed within one year from the occurrence of the alleged accident and is therefore time barred under the provisions of 46 U.S.C. § 183b and the passage contract. Given the present state of the law...

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