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COSENTINO v. ROYAL NETHERLANDS STEAMSHIP COMPANY

No. 268, Docket 31866.

389 F.2d 726 (1968)

Fred COSENTINO, Plaintiff-Appellant, v. The ROYAL NETHERLANDS STEAMSHIP COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 18, 1968.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, Nathan Gottesman, Brooklyn, for plaintiff-appellant.

William F. McNulty, New York City, (Daniel J. Coughlin, New York City, on the brief), for defendant-appellee.

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

PER CURIAM:

This appeal by plaintiff from a judgment entered on a jury verdict of $1800 in his favor following the second trial of his action in the Eastern District presents the question whether Judge Dooling, who presided at the first trial, abused his discretion in ordering that the entire action be retried unless the plaintiff agreed to remit a portion of the $25,000 jury verdict awarded to plaintiff in that first trial...

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