DISTRICT COURT, E.D. NEW YORK
January 13, 1941
The opinion of the court was delivered by: ABRUZZO
ABRUZZO, District Judge.
This is a motion for a reargument of the motion for an order of this court declining to take jurisdiction over this cause of action and directing the dismissal of the libel.
Previously, on November 27, 1940, the court denied the motion. D.C., 35 F.Supp. 661.
Upon reargument, however, it appears that the case of Strathearn Steamship Company, Limited v. John Dillon, 252 U.S. 348, 40 S. Ct. 350, 64 L. Ed. 607, is somewhat distinguishable from the matter at bar.
These five libelants claim the balance of wages due, war bonus and repatriation to Greece.
There is no doubt that their wages were paid up to September 1, 1940. The libelants contend that wages are still due them from September 1, 1940 to September 21, 1940. This could be the only point that could be litigated in this court.
The claim for war bonus and repatriation are matters to be left entirely in the hands of the Greek Consulate by reason of the treaty in effect between the United States and the Kingdom of Greece. Further consideration of the LaFollette Seamen's Act, 38 Stat. 1164, indicates that this act did not take these matters from the jurisdiction of the Greek Consulate.
As to the question of wages which are claimed to be unpaid from September 1, 1940 to September 21, 1940, this can be readily adjusted by leaving the jurisdiction with the Greek Consulate.
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