Jackson v. Ore Navigation Corp.

THOMSEN, Chief Judge.

Libelant asks leave to dismiss this suit in admiralty without prejudice, upon payment of costs, so that he may proceed with a civil action he has recently filed in the Southern District of New York. His motion, opposed by respondent, is based upon two grounds: (a) that his original proctors, Hillman and Hillman, had no authority to file this suit in admiralty; and (b) if they had, this court should exercise its discretion to permit him to dismiss without prejudice, so that he may have a jury trial in the jurisdiction he has finally chosen. In effect, though not in form,…