CANADA v. MATHEWS

No. 71-1711 Summary Calendar.

449 F.2d 253 (1971)

Leslie CANADA, Plaintiff-Appellant, v. Elvie MATHEWS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 22, 1971.


Attorney(s) appearing for the Case

Arthur Roth, Miami, Fla., S. Eldridge Sampliner, Cleveland, Ohio, for plaintiff-appellant.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

Leslie Canada appeals from an order of the District Court dismissing with prejudice his Jones Act suit against Elvie and Buford Mathews, Glen Trimper and M. J. Seals. We vacate that order and remand for a dismissal without prejudice of the action against Mathews, Mathews and Trimper and for such further proceedings as may be appropriate in connection with the defendant Seals.

Since none of the defendants...

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