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NEALEY v. TRANSPORTACION MARITIMA MEXICANA, S. A.

No. 78-1009.

662 F.2d 1275 (1980)

Albert NEALEY, Plaintiff-Appellant, v. TRANSPORTACION MARITIMA MEXICANA, S. A. and Maersk Lines, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 21, 1980.

Attorney(s) appearing for the Case

Eric L. Henrikson, Oakland, Cal., argued, for plaintiff-appellant; Thomas J. Boyle, San Francisco, Cal., on brief.

Francis L. Tetreault, Graham & James, San Francisco, Cal., argued for defendants-appellees; A. M. Young, Graham & James, San Francisco, Cal., on brief.

Before SNEED and SCHROEDER, Circuit Judges, and BLUMENFELD, District Judge.

BLUMENFELD, District Judge:

Longshoreman Albert Nealey appeals from a dismissal with prejudice of his complaint for damages against Transportacion Maritima Mexicana, S. A. (Transportacion) and Maersk Lines (Maersk). The district court, in a two-sentence order, granted appellees' motion to dismiss under Fed.R.Civ.P. 41(b)1 "because of failure to prosecute because of an unreasonable delay in service of process." We vacate the order and remand...

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