METZNER, District Judge.
This is an action to recover for personal injuries based on negligence and unseaworthiness. Plaintiff, a merchant seaman, was injured in the territorial waters of California on March 8, 1955, while a member of the crew of defendant's steamship Cibao. The suit was originally brought in the District Court of Maryland on April 28, 1958, but was dismissed without prejudice in March of 1960. The present suit was commenced March 3, 1961, 24 days...
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