Legal Opinion

Pierre v. Bernuth, Lembcke Co.

District Court, S.D. New York

Decided December 31, 1956PublishedCited by 14 opinions

1Opinion of the Court

FREDERICK van PELT BRYAN, District Judge.

Plaintiff moves, pursuant to Rule 60 (b), Fed.Rules Civ.Proc., 28 U.S.C.A., for an order vacating the order of dismissal for want of prosecution entered herein on May 22, 1953.

This action, for personal injuries sustained by plaintiff on August 7, 1948 due to an alleged assault by a superior officer on board defendant’s vessel, was commenced on November 12, 1948. In early 1951, while this case was pending, plaintiff was committed to a mental institution. Because of this incarceration, plaintiff was unavailable for trial, and on the call of a special…

2Cited by14 opinions

Sophie Radack and Charles Radack v. Norwegian America Line Agency, Inc., and Den Norske Amerikalinje, A/sCourt of Appeals for the Second Circuit · 1963
Reville v. RevilleSupreme Judicial Court of Maine · 1977
King v. MordowanecDistrict Court, D. Rhode Island · 1969
Nicholas Cavalliotis, Trustee in Bankruptcy of Supreme Navigation Corporation, Bankrupt v. Robert Salomon and Atlantis Credit CorporationCourt of Appeals for the Second Circuit · 1966
Sudeikis v. Chicago Transit AuthorityCourt of Appeals for the Seventh Circuit · 1985

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