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RADACK v. NORWEGIAN AMERICA LINE AGENCY, INC.

No. 271, Docket 27954.

318 F.2d 538 (1963)

Sophie RADACK and Charles Radack, Plaintiffs-Appellees, v. NORWEGIAN AMERICA LINE AGENCY, INC., and Den Norske Amerikalinje, A/S, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 21, 1963.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City (Thomas F. Molanphy, William P. Kain, Jr., New York City, of counsel), for defendants-appellants.

Max L. Katzman, Brooklyn, N. Y., and Standard, Weisberg & Harolds, New York City (Jack Weinberger, New York City, of counsel), for plaintiffs-appellees.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

This appeal, taken by defendants, is from an order vacating a prior order of dismissal for lack of prosecution. The action, originally brought on May 2, 1960, in the Supreme Court of New York, County of Queens, and removed to the United States District Court for the Eastern District by defendants, arose out of an injury allegedly suffered by plaintiff-appellee, Sophie Radack, while a passenger aboard the M/S Oslofjord on January 3...

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