NASSER v. ISTHMIAN LINES

No. 328, Docket 28591.

331 F.2d 124 (1964)

Mohammed NASSER, Plaintiff-Appellant, v. ISTHMIAN LINES, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 6, 1964.


Attorney(s) appearing for the Case

Donald D. Olman, New York City, (Jacob Rassner, New York City, of counsel), for plaintiff-appellant.

Louis J. Gusmano, of Kirlin, Campbell & Keating, New York City, for defendant-appellee.

Before WATERMAN and KAUFMAN, Circuit Judges, and DIMOCK, District Judge.


KAUFMAN, Circuit Judge:

This appeal raises the question whether the dismissal of appellant's complaint in an earlier action under Rule 37, F.R. Civ.P., for failure to answer interrogatories, operates as an adjudication upon the merits, and hence as a bar to identical causes of action asserted in a subsequent suit.

Allegedly injured in 1959 while working as a seaman aboard the defendant's vessel, plaintiff Nasser instituted an action in September, 1960, asserting...

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