Legal Opinion

Mistretta v. S. S. Ocean Evelyn

District Court, E.D. New York

Decided August 24, 1964No. 63-A-1224PublishedCited by 1 opinion

1Opinion of the Court

ROSLING, District Judge.

Motion of respondent Ocean Trans-, portation Co. (Ocean) for summary judgment in its favor and against libelant (Mistretta) dismissing the libel pursuant to Rule 58(b) of the Rules of Practice in Admiralty and Maritime Cases (Admiralty Rules) is denied. Cross-motion of libelant for summary judgment in favor of libelant and against Ocean on the issue of liability, and setting the action for trial for assessment of damages is likewise denied.

Motion of Ocean as respondent-third-party claimant pursuant to Admiralty Rule 58(b) insofar as it seeks summary judgment in the…

2Cases cited49 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  3. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  4. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  5. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946

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3Cited by1 opinion

  1. American Messer Corp. v. Travelers Indemnity Co.District Court, S.D. New York · 1968

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