Arnold v. Luckenbach S.S. Co.

THOMAS F. MURPHY, District Judge.

Defendant moves to dismiss for want of jurisdiction, claiming the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., by its 1950 amendment created an exclusive remedy. Although tins motion is brought some four years after issue was joined we have a duty to decide it since it is properly before us in the Motion Term. Plaintiff opposes the motion solely on the ground that Judge Dimock some three years ago denied defendant’s motion for summary judgment and in doing so passed on the same issue now presented, D.C., 160 F.Supp. 807. He advances no argument addressed…