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TESORIERO v. THE M. S. MOLDA

No. 297, Docket 23699.

232 F.2d 311 (1956)

Giovanni TESORIERO, Libelant-Appellant, v. THE M. S. MOLDA her boilers, engines, tackle, etc., and A/S J. Ludwig Mowinckels Rederi and Cosmopolitan Shipping Co., Inc., Respondents.

United States Court of Appeals Second Circuit.

Decided April 16, 1956.

Attorney(s) appearing for the Case

Nathan Baker, Hoboken, N. J. (Baker, Garber & Chazen, of counsel; Bernard Chazen, Hoboken, N. J., on the brief), for libelant-appellant.

Haight, Gardner, Poor & Havens, New York City (Francis X. Byrn, New York City, of counsel), for respondents-appellees.

Before FRANK, MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

After the trial judge filed his opinion and entered his order dismissing the libel on the ground of laches, we decided Le Gate v. The Panamolga, 2 Cir., 221 F.2d 689. We reverse and remand with directions to the judge to reconsider the defense of laches, and to exercise his discretion, in the light of the Le Gate decision.

Reversed...

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