MOORE v. ISLAND CREEK COAL COMPANY

No. 10963.

375 F.2d 732 (1967)

Jesse R. MOORE, Appellant, v. ISLAND CREEK COAL COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 3, 1967.


Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa. (Raymond G. Musgrave, Point Pleasant, W. Va., on brief), for appellant.

Norman K. Fenstermaker, Huntington, W. Va. (Jenkins, Schaub & Fenstermaker, Huntington, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and SIMONS, District Judge.


PER CURIAM.

The District Court dismissed this case in which a seaman sought damages and maintenance and cure in connection with an injury he suffered while serving on a river boat. With the assistance of counsel, he obtained a settlement of all of his claims, but later, with another lawyer, instituted these proceedings. Dismissal occurred on motion after the plaintiff had failed to appear for the taking of his discovery deposition...

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