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STATES STEAMSHIP COMPANY v. PHILIPPINE AIR LINES

No. 23213.

426 F.2d 803 (1970)

STATES STEAMSHIP COMPANY, a corporation, Appellant, v. PHILIPPINE AIR LINES, a corporation, and Qantas Airways, a corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

May 8, 1970.

Attorney(s) appearing for the Case

D. Thomas McCune, of Lillick, McHose, Wheat, Adams & Charles, San Francisco, Cal., for appellant.

Quentin H. Smith, San Jose, Cal., John Edward Hurley, of McCutchen, Doyle, Brown & Emersen, San Francisco, Cal., for appellees.

Before MADDEN, Judge of the United States Court of Claims, and DUNIWAY and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge.

Presented for review is the single issue of whether the district judge abused his discretion in dismissing the complaint for lack of prosecution.

The complaint was filed on November 14, 1966, and was served on appellees November 30th. Philippine filed its answer on March 1, 1967, and Qantas answered on March 6th. Philippine served requests for admissions on March 17th, the responses to which were filed on April 20th. Qantas, on April...

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