Miqueas Ten v. Svenska Orient Linen, and Third-Party Plaintiff-Appellee-Appellant v. Nacirema Operating Co., Inc., Third-Party

This is an appeal from the dismissal of a complaint by a longshoreman against a shipowner and employer for failure to prosecute. The District Court also denied appellant’s motion under Rule 60(b), F.R.C.P., to vacate the dismissal. We reverse.

The plaintiff originally brought an action in the New York Supreme Court to recover damages for injuries which he sustained on September 12, 1972; while working as a longshoreman in the employ of Nacirema Operating Co., Inc. aboard defendant-appellee’s M/S LAKE EYRE. The action was removed to the United States District Court by petition dated November…