Legal Opinion
Walle v. Dallett
District Court, S.D. New York
Decided October 19, 1955PublishedCited by 5 opinions
1Opinion of the Court
HERLANDS, District Judge.
Upon this motion excepting to a second amended libel in admiralty, respondent urges the following grounds for final *391dismissal: laches; failure to state a genuine triable issue; and failure to state a claim upon which relief can be granted. The Court will treat the cumulative motion as in the nature of a motion for summary judgment under Fed. Rules Civ.Proc. rule 56, 28 U.S.C.A.
The libellant, a widow, has appeared in personam and argued in opposition to the motion.
On January 14, 1948, libellant’s husband was killed by carbon monoxide fumes in a vessel on which he was…
2Cases cited18 opinions
- Gardner v. Panama RailroadSupreme Court of the United States · 1951
- Kane v. Union of Soviet Socialist RepublicsCourt of Appeals for the Third Circuit · 1951
- Redman v. United StatesCourt of Appeals for the Second Circuit · 1949
- Morales v. Moore-McCormack Lines, Inc.Court of Appeals for the Fifth Circuit · 1953
- The SydfoldCourt of Appeals for the Second Circuit · 1936
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Szalkiewicz v. Farrell Lines, Inc.District Court, S.D. New York · 1956
- E. I. Du Pont De Nemours & Co. v. Pennsylvania RailroadDistrict Court, D. Delaware · 1958
- Hernandez v. Steamship SS Flying ArrowDistrict Court, S.D. New York · 1959
- Sea Trade Corp. v. Bethlehem Steel Co., Shipbuilding DivisionDistrict Court, S.D. New York · 1961
- Wounick v. Pittsburgh Consolidation Coal Co.District Court, W.D. Pennsylvania · 1962