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COMPLAINT OF COSMOPOLITAN SHIPPING CO., S. A.

No. 77 Civ. 1425.

453 F.Supp. 268 (1978)

Complaint of COSMOPOLITAN SHIPPING COMPANY, S. A., as owner of the 26,650 GROSS TON OIL TANKER CLAUDE CONWAY for Exoneration from or Limitation of Liability in a Cause of Limitation Civil and Maritime.

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

May 23, 1978.

Attorney(s) appearing for the Case

Dué, Dodson & deGravelles, Baton Rouge, La., by Richard J. Dodson, Baton Rouge, La., Harvey F. Gerber, New York City, for Matascone claimants.

Eaton, Van Winkle, Greenspoon & Grutman, New York City, by Norman Roy Grutman and Gary A. Woodfield, New York City, for Public Administrator.

OPINION

ROBERT L. CARTER, District Judge.

On March 20, 1977, the S.S. Claude Conway sank off the coast of the United States, and one Franco Matascone, an Italian citizen, was killed. The owners of the ship instituted a limitation proceeding in this court pursuant to 46 U.S.C. § 185, on March 23, 1977. In the course of that proceeding, a dispute arose as to who was the proper "personal representative" of Franco Matascone for purposes of prosecuting this...

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