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MITCHELL v. AMERICAN EXPORT LINES

191 F.Supp. 145 (1960)

Francine V. MITCHELL, an infant under the age of 14 years, by her guardian ad litem, Jess Mitchell, Plaintiff, v. AMERICAN EXPORT LINES, Defendant.

United States District Court S. D. New York.

January 27, 1960.

Attorney(s) appearing for the Case

Gair, Finley, Averbach, Mahley & Hoffman (by Albert Averback), New York City, for plaintiff Mitchell.

Haight, Gardner, Poor & Havens, New York City, for defendant American Export Lines.

DAWSON, District Judge.

This is a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. for summary judgment, brought by the defendant, on the ground that the action is time-barred. Plaintiff's counsel defaulted on the argument of the motion.

From the moving papers and documents submitted, the following facts appear to exist without substantial controversy.

This action was started by filing of the complaint on November 28...

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