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DOWLING v. ISTHMIAN S. S. CORPORATION

No. 9948.

184 F.2d 758 (1950)

DOWLING v. ISTHMIAN S. S. CORPORATION.

United States Court of Appeals Third Circuit.

Decided August 30, 1950.

Rehearing Denied November 15, 1950.

Attorney(s) appearing for the Case

Herman Moskowitz, Philadelphia, Pa., for appellant.

Timothy J. Mahoney, Jr., Philadelphia, Pa. (Thomas E. Byrne, Jr., and Krusen, Evans & Shaw, all of Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN and KALODNER, Circuit Judges, and FEE, District Judge.

JAMES ALGER FEE, District Judge.

Dowling, a seaman, sued the Isthmian Steamship Corporation to recover wages, statutory penalties and subsistence. Isthmian noticed deposition of Dowling, which he moved to vacate. This was denied. An appeal taken from this order was dismissed because not a finality. Thereafter, the District Judge ordered Dowling to appear for oral examination at a time and place to be agreed upon between the parties. Dowling appeared according to the...

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