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TERHUNE v. PRUDENTIAL STEAMSHIP CORPORATION

No. 41, Docket 26199.

283 F.2d 467 (1960)

Clifford C. TERHUNE, Libelant-Appellant, v. PRUDENTIAL STEAMSHIP CORPORATION, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 31, 1960.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Theodore H. Friedman, New York City, of counsel), for libelant-appellant.

Stapleton, Flynn & Lilly, New York City (George Sullivan, New York City, of counsel), for respondent-appellee.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.

PER CURIAM.

Libelant-appellant was allegedly injured on April 17, 1952. His libel was filed in the Southern District of New York on February 16, 1956. Respondent-appellee filed exceptions on March 13, 1956. On May 28, 1958 Judge Bryan ordered that libelant file a Note of Issue within 90 days; otherwise the action was to be dismissed without further notice. Although this order was not complied with and no Note of Issue was filed the libel was not then dismissed. One...

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