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LAGUNA v. AMERICAN EXPORT ISBRANDTSEN LINES, INC.

No. 302, Docket 35199.

439 F.2d 97 (1971)

John LAGUNA, Plaintiff-Appellant, v. AMERICAN EXPORT ISBRANDTSEN LINES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 25, 1971.

Attorney(s) appearing for the Case

Thomas E. P. McElligott, New York City (Fields, Rosen, McElligott & Auslander, New York City, on the brief), for plaintiff-appellant.

Robert M. Pellegrino, New York City (Dougherty, Ryan, Mahoney, Pellegrino & Giuffra, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and CLARIE, District Judge.

FEINBERG, Circuit Judge:

Plaintiff John Laguna, a seaman, appeals from a judgment for defendant American Export Isbrandtsen Lines, Inc., after a jury trial before Walter R. Mansfield, J., in the United States District Court for the Southern District of New York. Appellant offers a number of reasons why he is entitled to a new trial but only one requires extended discussion: the claim that the trial judge should have modified the pre-trial order to allow plaintiff...

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