Phillips

Respondent’s motion to dismiss the first amended libel turns upon whether the practice of suing parties by fictitious names is permissible in an admiralty suit.

One of libelant’s proctors sets forth by affidavit that libelant came to his office about three days before the statute of limitations would have become a bar to libelant’s suit, and informed him that libelant was injured while working as a stevedore aboard the S. S. Cape Clear; that the first information given to libel- *914 ant’s proctor as to the ownership of that vessel was that the vessel was owned by the United States, but that there might be another vessel of a similar name owned by others; that to avoid further delay the libel was filed originally against the United States, its agencies and other respondents named only by fictitious names. Later it became known that there were in fact two vessels named S. S. Cape Clear, and that the vessel upon which libelant was injured was operated by respondent Donaldson Line, Ltd. A stipulation dismissing as to the United States and its agencies was then filed. Later an amended libel was filed which included the true name of respondent Donaldson Line, Ltd., and which indicated…