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TARKINGTON v. UNITED STATES LINES COMPANY

No. 284, Docket 23528.

222 F.2d 358 (1955)

Warren W. TARKINGTON, Plaintiff-Appellant, v. UNITED STATES LINES COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 11, 1955.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Harvey Goldstein, New York City, of counsel), for appellant.

Kirlin, Campbell & Keating, New York City (Walter X. Connor and Vernon Sims Jones, New York City, of counsel), for appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

1. Judge Edelstein correctly interpreted the rule of Mollica v. Compania Sud-Americana DeVapores, 2 Cir., 202 F.2d 25, and other cases, and properly directed a verdict for the defendant under the law as then interpreted in this Circuit.

2. An appeal of the original judgment is barred by the fact that plaintiff did not file his notice of appeal until May 28, 1954, sixty-four days after entry of the original...

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