Infante v. Moore-McCormack Lines, Inc.

CLARY, District Judge.

The libellant’s sole objection to the Order of Dismissal entered in this matter, D.C., 91 F.Supp. 71, appears to be that the Admiralty Rules do not provide for the entry of summary judgment and that the only cause for dismissal of a libel is that' set forth in Rule 38, 28 U.S.C.A. Libellant’s position may therefore be summed up as stating that the provisions of the Admiralty Rules limit the power of the court and that the power set forth in the rules is exclusive. With this, of course, I cannot agree. Courts in Admiralty traditionally have had the powers of the Civil…