Arrufat v. Panama Canal Co.

FEINBERG, District Judge.

This is an action described by plaintiff as one “for damages for maintenance and cure benefits and for unearned wages on behalf of an American Merchant Seaman who became disabled while on foreign articles of the defendant’s vessel * * * while on shore leave in his home port.” Defendant’s answer, among other things, alleges that it is an agency and instrumentality of the United States. Defendant moves to dismiss the complaint under Rule 12(b), Fed.Rules Civ.Proc., 28 U.S.C.A. on the ground that the complaint fails to state a claim upon which relief can be granted. The…