Legal Opinion

Rosa v. United Fruit Co.

District Court, S.D. New York

Decided February 5, 1970No. 67 Civ. 1716Published

1Opinion of the Court

*259MEMORANDUM OPINION AND ORDER

MOTLEY, District Judge.

Plaintiff seaman instituted this action against defendant owner of the vessel SS SAN JOSE for damages resulting from injuries sustained on board the vessel March 9, 1962. Suit was commenced May 2, 1967, more than five years after the accrual of the alleged cause of action, upon a complaint of unseaworthiness. Defendant moved for summary judgment dismissing the complaint, Rule 56, Fed.R.Civ.P., on the ground of laches, when this cause came on for pretrial settlement conference in Part I of this Court. Ordinarily, such a motion is not…

2Cases cited11 opinions

McAllister v. Magnolia Petroleum Co.Supreme Court of the United States · 1958
Demetrios Larios v. Victory Carriers, Inc., and Alexander S. Onassis Corp., and Boyd, Weir & Sewell, Inc., and Cia, Salaminia De Naviera S.A.Court of Appeals for the Second Circuit · 1963
Marvin E. Lipfird v. Mississippi Valley Barge Line Company, a CorporationCourt of Appeals for the Third Circuit · 1962
Bonilla v. ReevesNew York Supreme Court · 1966
Manuel Conty, Libellant-Appellant v. States Marine Lines, Inc.Court of Appeals for the Second Circuit · 1966

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