BERNSTEIN v. N. V. NEDERLANDSCHE-AMERIKAANSCHE, ETC.

No. 21193.

210 F.2d 375 (1954)

BERNSTEIN v. N. V. NEDERLANDSCHE-AMERIKAANSCHE STOOMVAART-MAATSCHAPPIJ (Chemical Bank & Trust Co., Third-Party Defendant).

United States Court of Appeals Second Circuit.

Decided February 5, 1954.


Attorney(s) appearing for the Case

Bennet, House & Couts, New York City, for plaintiff-petitioner; Victor House, Albert I. Edelman and Werner Ilsen, New York City, of counsel.

Burlingham, Hupper & Kennedy, New York City, for defendant Holland-America Line; Harold M. Kennedy, and Hervey C. Allen, Jr., New York City, of counsel.

Shearman & Sterling & Wright, New York City, for Third-Party Defendant, Chemical Bank & Trust Company; John A. Wilson, M. VanVoorhies and Edmond K. Leach, New York City, of counsel.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.


PER CURIAM.

In the prior appeal in this case, 173 F.2d 71, 75-76, because of the lack of a definitive expression of Executive Policy, we felt constrained to follow the decision of this court in Bernstein v. Van Heyghen Freres Societe Anonyme, 2 Cir., 163 F.2d 246, certiorari denied 332 U.S. 772, 68 S.Ct. 88, 92 L.Ed. 357, by ordering the plaintiff to refrain from alleging matters which would cause...

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