Forty-Nine Transfer Corp. v. The S.S. Mormacpride

McGOHEY, District Judge.

Moore-McCormack moves to dismiss this libel. The ground of the motion is that an earlier order of this court, in a related limitation proceeding1 presently pending here, arising out of the identical collision involved in the instant suit, had “stayed and restrained” the “beginning or prosecution of any and all suits, actions, or legal proceedings of any nature or description whatsoever, except in the present proceeding, in respect of any claim arising out of, consequent upon, or in connection with said [collision]” (emphasis added).

The filing of this libel is certainly…