McCawley v. Fleischmann Transp. Co.

COXE, District Judge.

This is a motion by plaintiff for an order vacating and setting aside the order of this court, dated April 8, 1949, dismissing the action for lack of prosecution, under General Rule 30 of this court, without prejudice and without costs, and for an order restoring the case to the calendar for trial. The motion papers were served on September 16, 1950.

The action is by a seaman for damages for personal injuries alleged to have been sustained on June 23, 1943. The complaint was filed on September 22, 1943. It appears from the files and from the docket of the Clerk of the…