Legal Opinion

Gilbert v. American Eagle Tanker Corp.

District Court, S.D. New York

Decided April 29, 1974No. 73 Civ. 2227PublishedCited by 2 opinions

1Opinion of the Court

METZNER, District Judge:

Defendant American Eagle Tanker Corp. (Eagle Tanker) has moved for an order dismissing the first through third and the seventh through sixteenth causes of action in the complaint for failure to state a claim upon which relief may be granted. Rule 12(b)(6), Fed.R.Civ. P.

• The action is brought by a seaman pro se against the owner and operator of a vessel on which he had been a crew member. The complaint is some thirty pages in length and contains eighteen separate causes of action. Plaintiff is an American seaman who claims that on May 20, 1972, he was improperly…

2Cases cited4 opinions

  1. McCrea v. United StatesSupreme Court of the United States · 1935
  2. Findley v. Red Top Super Markets, Inc. The Queen AnneCourt of Appeals for the Fifth Circuit · 1951
  3. John K. Aird v. United StatesCourt of Appeals for the Third Circuit · 1954
  4. Reginald Lewis v. Hudson Waterways CorporationCourt of Appeals for the Second Circuit · 1974

3Cited by2 opinions

  1. Jerry Smith, Cross-Appellee v. Atlas Off-Shore Boat Service, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
  2. Gary v. D. Agustini & Asociados, S.A.District Court, S.D. Florida · 1994

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