Clifford C. Terhune, Libelant-Appellant v. Prudential Steamship Corporation

Libelant-appellant was allegedly injured on April 17, 1952. His libel was filed in the Southern District of New York on February 16,1956. Respondent-appellee filed exceptions on March 13, 1956. On May 28, 1958 Judge Bryan ordered that libelant file a Note of Issue within 90 days; otherwise the action was to be dismissed without further notice. Although this order was not complied with and no Note of Issue was filed the libel was not then dismissed. One year later, on May 25, 1959, a notice of examination before trial was filed. On May 28, 1959 Judge Ryan ordered that if the case did not…