WALTERS v. MOORE-McCORMACK LINES, INC.

No. 15, Docket 27473.

312 F.2d 893 (1963)

Joseph WALTERS, Plaintiff-Appellant, v. MOORE-McCORMACK LINES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 14, 1963.


Attorney(s) appearing for the Case

Irvin L. Kaye, New York City, on the brief, for plaintiff-appellant.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.


Petition for Rehearing In Banc Submitted October 30, 1962.

LUMBARD, Chief Judge.

Six judges having voted to deny the plaintiff-appellant's petition for in banc reconsideration of his appeal from dismissal of his complaint after a panel of this court had voted to affirm the judgment below, we decline to consider the case in banc. Usually we enter an order which merely notes those judges dissenting, in this case Judges CLARK, SMITH and MARSHALL. Judge CLARK...

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