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WEST v. UPPER MISSISSIPPI TOWING CORPORATION

No. 4-60-Civ.-164.

221 F.Supp. 590 (1963)

Clifford R. WEST, Rosedale, Mississippi, Plaintiff, v. UPPER MISSISSIPPI TOWING CORPORATION, a Minnesota corporation, Defendant.

United States District Court D. Minnesota, Fourth Division.

September 19, 1963.

Attorney(s) appearing for the Case

Harvey Goldstein, Goldstein & Sterenfeld, New York City, and Philip Orthun, Lindquist, Magnuson & Glennon, Minneapolis, Minn., for plaintiff.

Edward Hayes, C. Roy Peterson, Lord, Bissell & Brook, Chicago, Ill., and Curtis L. Roy, Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., for defendant.

DEVITT, Chief Judge.

This case arises on a motion for summary judgment or in the alternative to strike the complaint for failure to state a cause of action, on the ground that delay in commencing the action constitutes laches.

Requisite amount and diversity are present to establish jurisdiction.

Plaintiff West was employed as a seaman on August 29, 1954 by the defendant on its towboat FRANCES ANNE. On this date plaintiff suffered personal injuries...

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