Benevento v. United States

LEIBELL, District Judge.

The exceptions of the impleaded respondent, Union Stevedoring . Corporation, to the petition of the petitioner, United States of America, and American Export Lines, Inc., have been brought on for a hearing by the usual notice. The “exception” in admiralty performs the function of the “demurrer,” formerly employed at common law or in equity. An exception to a pleading in admiralty should not be sustained if any cause of action is well pleaded in the pleading to which the exception is filed. The S. S. Nea Hellis, 2 Cir., 116 F.2d 803. All well pleaded allegations must be…