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STERNSTEIN v. "ITALIA"-SOCIETA PER AZIONI DI NAVIGAZIONE-GENOA

No. 180, Docket 25745.

275 F.2d 502 (1960)

Frances E. STERNSTEIN, Plaintiff-Appellant, v. "ITALIA"-SOCIETA PER AZIONI DI NAVIGAZIONE-GENOA, also known as Italian Line, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 26, 1960.

Attorney(s) appearing for the Case

Louis R. Harolds, New York City (Standard, Weisberg, Harolds & Malament, New York City, on the brief), for plaintiff-appellant.

Robert Wang, New York City (Morgan J. Burke, Jr., William P. Larsen, and Dorsey & Burke, New York City, on the brief), for defendant-appellee.

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

PER CURIAM.

At the close of the trial of this action to recover damages for personal injuries the doctor who was to have been subpoenaed and produced did not appear and the case was dismissed. Later findings of fact and conclusions of law were filed as required by F.R.Civ.P. Rule 52, 28 U.S.C.A. More than ten days after the docket entry of the dismissal but less than ten days after the filing of the findings plaintiff made a motion for a new trial and the motion was...

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