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MANLUGON v. A/S FACTO

No. 73 CIV. 4400(MP).

419 F.Supp. 550 (1976)

Rogelio MANLUGON and Timothy Granaderos, Plaintiffs, v. A/S FACTO, Defendant.

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

August 23, 1976.

Attorney(s) appearing for the Case

Howard & Howard by Austin A. Howard, Moore & Ricard by Jerome A. Moore, Detroit, Mich., Norman A. Olch, New York City, for plaintiffs.

Haight, Gardner, Poor & Havens, New York City, for defendant; by David P. H. Watson, New York City.

OPINION

POLLACK, District Judge.

This case arises out of the claims of two foreign seamen for damages under the Jones Act, 46 U.S.C. § 688. The Court made a preliminary determination that the Jones Act is inapplicable to the instant action, and that the suit may proceed in the federal court solely as an admiralty matter triable to the Court pursuant to 28 U.S.C. § 1333 and Rule 9(h), Fed.R.Civ.P. The defendant has agreed with this determination...

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