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HINES v. SEABOARD AIR LINE RAILROAD COMPANY

No. 277, Docket 29216.

341 F.2d 229 (1965)

Rosa L. HINES, Plaintiff-Appellant, v. SEABOARD AIR LINE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 10, 1965.

Attorney(s) appearing for the Case

Irwin L. Scharf, Kramer & Dillof, New York City, for plaintiff-appellant.

William T. Sullivan, Willkie, Farr, Gallagher, Walton & FitzGibbon, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

LUMBARD, Chief Judge.

Rosa Hines commenced this diversity action in the Southern District of New York on August 17, 1960 to recover for personal injuries allegedly sustained as a result of slipping and falling as she alighted from one of defendant's railroad cars in Savannah, Georgia. Her complaint was dismissed on January 2, 1963 by Judge Levet for failure to comply with a pre-trial order. On October 31, 1963, plaintiff moved to vacate the dismissal and on December...

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