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ALBERTS v. AMERICAN PRESIDENT LINES, LTD.

207 F.Supp. 666 (1962)

ALBERTS, Plaintiff, v. AMERICAN PRESIDENT LINES, LTD., Defendant, v. NACIREMA OPERATING CO., Inc., Third-Party Defendant.

United States District Court S. D. New York.

July 31, 1962.

Attorney(s) appearing for the Case

Markhoff, Gottlieb & Harkins, New York City, for plaintiff (Leon Blaufarb, New York City, of counsel).

Symmers, Fish & Warner, New York City, for defendant (Frederick Fish, New York City, of counsel).

COOPER, District Judge.

On motion for summary judgment under Rule 56, F.R.Civ.P. 28 U.S.C.A., defendant American President Lines seeks dismissal of this action upon the ground that plaintiff's delay in bringing the suit constitutes laches and precludes recovery.

Plaintiff, a longshoreman employed by the third-party defendant, allegedly sustained injuries in an accident aboard defendant's ship, on November 15, 1958...

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