NEGRON v. PENINSULAR NAVIGATION CORP.

No. 373, Docket 26152.

279 F.2d 859 (1960)

Cruz NEGRON, Plaintiff-Appellant, v. PENINSULAR NAVIGATION CORP., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 23, 1960.


Attorney(s) appearing for the Case

Seymour S. Detsky, New York City (William B. Jacobs, New York City, of counsel), for appellant.

Kirlin, Campbell & Keating, New York City (William R. Mackey, Charles N. Fiddler, Louis J. Gusmano, New York City, of counsel), for appellee.

Before WATERMAN, MOORE and HAMLIN, Circuit Judges.


PER CURIAM.

On or about November 19, 1958 appellant, a seaman, allegedly sustained injuries aboard the S. S. Valley Forge, a vessel owned by appellee. On March 23, 1959 appellant commenced an action against appellee in the Southern District of New York. Appellee served a notice to take appellant's deposition, the notice being returnable on July 1, 1959 at 2:30 P.M. On that date appellant failed to appear. On September 8, 1959 appellee moved, pursuant to Rule 37(d...

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