June 2, 1953. Archibald F. McGrath, New York City, for plaintiff. Burlingham, Hupper Kennedy, New York City (Eugene Underwood, New York City, of counsel), for defendant Empresa Hondurena de Vapores. DIMOCK, District Judge. Defendant Empresa Hondurena de Vapores, a Honduran corporation, which I shall call "Empresa", moves to dismiss the complaint as against it on the ground that the court has no jurisdiction of the action. The action is brought by the third mate of the Orotava, a vessel operated by
Civ. No. 3-57-110. June 10, 1958. Lee Loevinger, Minneapolis, Minn., Lee Leibik and Ruth Weyand, Chicago, Ill., by Lee Leibik, Chicago, Ill., for petitioner. Dorsey, Owen, Barker, Scott Barber, Minneapolis, Minn., by Henry Halladay, Minneapolis, Minn., for respondent. DONOVAN, District Judge. This case is before the court on petitioner's motion for summary judgment. The motion is based upon the pleadings, exhibits and affidavits filed with the court. The parties will be referred to as petitioner