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FISCHER v. DOVER STEAMSHIP CO.

No. 40, Docket 23126.

218 F.2d 682 (1955)

James F. FISCHER, Plaintiff-Appellant, v. DOVER STEAMSHIP CO., Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 7, 1955.

Attorney(s) appearing for the Case

Klein & Ruderman, New York City (Morris Hirschhorn and Betty Weinberg, New York City, of counsel), for plaintiff-appellant.

Kirlin, Campbell & Keating, New York City (Roland C. Radice, Brooklyn, N. Y., and Walter X. Connor, New York City, of counsel), for defendant-appellee.

Before FRANKFURTER, Circuit Justice, FRANK and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

The seaman's action was commenced by filing a complaint on October 17, 1952. The defendant served a notice to take the deposition of the plaintiff on February 2, 1953, and the notice was made returnable on February 19, 1953. By June 23, 1953, more than four and one-half months later, the plaintiff had not presented himself for his deposition. Pursuant to Rule 37(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. defendant made a motion...

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