Legal Opinion

Schneider v. American Export Lines, Inc.

District Court, S.D. New York

Decided August 20, 1968No. 63 Civ. 410PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

MacMAHON, District Judge.

Plaintiff moves under Rule 60(b) (6) of the Federal Rules of Civil Procedure to vacate and set aside a judgment entered against him in the above action for failure to prosecute. Fed.R.Civ.P. 41 (b). Defendant cross-moves for costs, including attorneys’ fees.

This action was instituted on February 13, 1963. Plaintiff claims personal injuries allegedly resulting from an accident on September 7, 1962 caused by defendant’s negligence and unseaworthiness of one of its vessels.

After institution of suit, there were numerous delays. It was not until July 26, 1965…

2Cases cited1 opinion

  1. Joseph Schwarz v. United StatesCourt of Appeals for the Second Circuit · 1967

3Cited by7 opinions

  1. In Re John Joseph Sutter, Esq.Court of Appeals for the Second Circuit · 1976
  2. J. M. Cleminshaw Co. v. City of NorwichDistrict Court, D. Connecticut · 1981
  3. Petroleum Insurance Agency v. Hartford Accident & Indemnity Co.District Court, D. Massachusetts · 1985
  4. Sinva, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1969
  5. Peterson v. Terminal Taxi, Inc.District Court, S.D. New York · 1968

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