CUCURILLO v. SCHULTE, BRUNS SCHIFF GESELLSCHAFT, M.B.H.,

No. 109, Docket 28358.

324 F.2d 234 (1963)

Salvatore CUCURILLO, Plaintiff-Appellant, v. SCHULTE, BRUNS SCHIFF GESELLSCHAFT, M.B.H., Defendant and Third Party Plaintiff-Appellee, v. UNIVERSAL TERMINAL & STEVEDORING CORP., Third Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 29, 1963.


Attorney(s) appearing for the Case

James Gallatin Mackey, New York City (Joseph Dean Edwards, New York City, on the brief), for plaintiff-appellant.

Victor S. Cichanowicz, New York City (Cichanowicz & Callan, New York City, on the brief), for defendant and third party plaintiff-appellee.

Albert S. Commette, New York City (Budd Quencer Brown & Commette, New York City, on the brief), for third party defendant-appellee.

Before SWAN, CLARK and MARSHALL, Circuit Judges.


PER CURIAM.

We affirm in open court the order of Chief Judge Ryan denying plaintiff's motion to vacate his prior order dismissing the suit for lack of prosecution. The motion was based on Rule 60(b) of the Federal Rules of Civil Procedure. It is conceded that the determination of such a motion will not be upset on appeal unless there has been a clear abuse of discretion. Parker v. Broadcast Music, Inc., 2 Cir., 289 F.2d 313. See also...

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