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TEN v. SVENSKA ORIENT LINEN

Nos. 547 and 548, Dockets 77-7413 and 77-7450.

573 F.2d 772 (1978)

Miqueas TEN, Plaintiff-Appellant, v. SVENSKA ORIENT LINEN, Defendant and Third-Party Plaintiff-Appellee-Appellant, v. NACIREMA OPERATING CO., INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 31, 1978.

Attorney(s) appearing for the Case

Kenneth Heller, New York City, for plaintiff-appellant.

Haight, Gardner, Poor & Havens, New York City (Thomas F. Molanphy, New York City, of counsel), for defendant and third-party plaintiff-appellee-appellant.

Before SMITH, MOORE and GURFEIN, Circuit Judges.

PER CURIAM:

This is an appeal from the dismissal of a complaint by a longshoreman against a shipowner and employer for failure to prosecute. The District Court also denied appellant's motion under Rule 60(b), F.R.C.P., to vacate the dismissal. We reverse.

The plaintiff originally brought an action in the New York Supreme Court to recover damages for injuries which he sustained on September 12, 1972, while working as a longshoreman in the employ of Nacirema...

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