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HYAM v. AMERICAN EXPORT LINES

No. 236, Docket 23027.

213 F.2d 221 (1954)

HYAM v. AMERICAN EXPORT LINES, Inc.

United States Court of Appeals, Second Circuit.

Decided May 6, 1954.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City (Henry N. Longley and James H. Simonson, New York City, of counsel), for libellant-appellant.

Haight, Deming, Gardner, Poor & Havens, New York City (Kenneth Gardner, M. E. DeOrchis and John J. Mulcahy, Jr., New York, of counsel), for respondent-appellee.

Before CLARK, HINCKS and HARLAN, Circuit Judges.

HARLAN, Circuit Judge.

Libellant-appellant appeals from a final decree of the District Court (Judge Thos. F. Murphy), dated January 26, 1954, dismissing on the merits [F.R.C.P. 41 (b), 28 U.S.C.A.] a libel in admiralty because of libellant's failure to appear for pre-trial examination as directed by an order of the District Court (Judge John W. Clancy), made on April 27, 1953.

On June 15, 1950, libellant-appellant, Jacob Hyam, d/b/a Jacob Hyam & Co., filed...

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