Compania Maritima Transoceanica, S. A. v. Stevenson

RYAN, District Judge.

All five defendants move before answer to dismiss the complaint; they also seek a stay of further proceedings herein on the ground that plaintiff has not paid costs awarded in a prior action, which stated the same claims -here alleged.

Motion for stay:

The complaint in the present suit pleads claims identical to those alleged in a prior suit, which was dismissed on May 1, 1950, with costs awarded against plaintiff. These have not been paid. Two new defendants, T. J. Stevenson, Sr. and Jr., have been joined in this new'action. Motion for a stay is granted in favor of the…