DELPHY v. BERNUTH, LEMBCKE CO.

No. 15, Docket 23056.

217 F.2d 301 (1954)

William E. DELPHY, Plaintiff-Appellant, v. BERNUTH, LEMBCKE CO., Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 26, 1954.


Attorney(s) appearing for the Case

Marvin Schwartz, New York City (Sterling & Schwartz and Betty H. Olchin, New York City, on the brief), for plaintiff-appellant.

Eli Ellis, New York City (McNutt & Nash and Robert S. Blanc, Jr., New York City, on the brief), for defendant-appellee.

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


PER CURIAM.

Plaintiff here protests vigorously that his civil action remained pending for only 29 days; but the procedure which led to its dismissal appears routine and regular. Plaintiff, a seaman, brought suit on October 13, 1953, claiming damages under the Jones Act, § 33, 46 U.S.C. § 688, for personal injuries sustained on defendant's ship, together with an allowance for maintenance and cure. Defendant answered...

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