Longbottom v. American Dredging Co.

EGAN, District Judge.

This case is before the Court on the libellant’s motion for summary judgment pursuant to the filing of the libel in personam and the answer thereto.

The action proper involves a claim for maintenance and cure allegedly accruing to the benefit of the libellant since December 7, 1956 — the date- of a prior decree in his favor. (No. 465 of 1954, In Admiralty, E.D., Pa.)1

The motion is bottomed on the theory that the respondent has alleged no defense to this present claim in that all issues raised by the answer are res judicata by virtue of the “Findings of Fact and Conclusions…