ESTATE OF BERMUDEZ v. UNITED FRUIT COMPANY

No. 461, Docket 33382.

421 F.2d 1338 (1970)

ESTATE of Jose BERMUDEZ, Plaintiff-Appellant, v. UNITED FRUIT COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 3, 1970.


Attorney(s) appearing for the Case

Ned R. Phillips, New York City (Abraham E. Freedman, New York City, on the brief), for plaintiff-appellant.

William M. Kimball, New York City, (Burlingham, Underwood, Wright, White & Lord, New York City, on the brief), for defendant-appellee.

Before KAUFMAN and FEINBERG, Circuit Judges, and PALMIERI, District Judge.


PER CURIAM:

This appeal is from a judgment of the United States District Court for the Southern District of New York, Dimock, J., dismissing the complaint after a seven day jury trial. The judgment was based upon the jury's answers to interrogatories absolving the defendant of liability. The narrow question presented is whether the district court, Tyler J., abused its discretion in precluding the plaintiff from taking a last minute deposition of an out-of-town witness...

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