District Court, S.D. New York July 8, 1954 (Sheridan v. Pan-American Refining Corp.)

EDELSTEIN, District Judge.

In an action to recover damages under the Jones Act, 46 U.S.C.A. § 688, for the death of a seaman, the defendants move: (1) to dismiss on the ground that the suit is not being maintained by the personal representative of the deceased seaman and the plaintiffs lack capacity to sue; (2) for summary judgment dismissing the complaint against the defendant Pan-American