Stephens v. Sioux City & New Orleans Barge Lines, Inc.

BECKER, District Judge.

This is a suit for damages under the Jones Act, 46 U.S.C.A. § 688 and the General Maritime Laws in two counts. Plaintiff, a resident of Kentucky, sued the defendant corporation, a resident of Iowa, in the Western District of Missouri where defendant is alleged to have an office and its principal place of business at Kansas City, Missouri.

The record shows that defendant served timely notices to take plaintiff’s deposition on three separate occasions, November 20, 1961, December 19, 1961, and January 6, 1962, but plaintiff failed to appear at any of these times, offered…