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DIXON v. AMERICAN TELEPHONE & TELEGRAPH CO.

No. 91, Docket 20364.

159 F.2d 863 (1947)

DIXON v. AMERICAN TELEPHONE & TELEGRAPH CO. et al.

Circuit Court of Appeals, Second Circuit.

February 3, 1947.

Attorney(s) appearing for the Case

Thomas Bullitt Dixon, pro se.

James J. Kennedy of New York City, for Philipp, Sawyer, Rice & Kennedy and James J. Kennedy, Jr.

Cravath, Swaine & Moore, of New York City (Bruce Bromley and Benjamin R. Shute, both of New York City, of counsel), for Fish, Richardson & Neave and Henry R. Ashton.

Homer H. Breland, of New York City, for American Telephone and Telegraph Company, Western Electric Company and John McGlone.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

We think plaintiff failed to show adequate ground for delay in bringing his suit. His affidavits show that in 1937 he knew all the facts which he knew when he instituted his suit in 1943. The only excuse he gives is that in August 1940 he suffered a serious accident. We assume (although, in his affidavits, he does not so state) that the result of this accident wholly incapacitated him from August 1940 to the date when he brought this suit. But...

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