Hyam v. American Export Lines, Inc.

HARLAN, Circuit Judge.

Libellant-appellant appeals from a final decree of the District Court (Judge Thos. F. Murphy), dated January 26, 1954, dismissing on the merits [F.R.C.P. 41 (b), 28 U.S.C.A.] a libel in admiralty because of libellant’s failure to appear for pre-trial examination as directed by an order of the District Court (Judge John W. Clancy), made on April 27,1953.

On June 15, 1950, libellant-appellant, Jacob Hyam, d/b/a Jacob Hyam & Co., filed in the Southern District of New York a libel in admiralty against respondent-appellee, American Export Lines, Inc., to recover damages of…