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LINABARY v. MARITIME OVERSEAS CORPORATION

No. 70 Civil 4831.

376 F.Supp. 688 (1973)

Herold O. LINABARY, Plaintiff, v. MARITIME OVERSEAS CORPORATION and Intercontinental Bulk Tank Corp., Defendants.

United States District Court, S. D. New York.

August 23, 1973.

Attorney(s) appearing for the Case

Rolnick Tabak Ezratty & Huttner by Sheldon Tabak, New York City, for plaintiff.

Haight, Gardner, Poor & Havens by Francis X. Byrn, New York City, for defendants.

MEMORANDUM

EDWARD WEINFELD, District Judge.

Plaintiff's motion to extend his time to file a Cross Notice of Appeal from the final judgment entered in his favor on May 14, 1973 is denied for (1) failure to make an adequate showing of excusable neglect, and (2) lack of jurisdiction.

Plaintiff's counsel was fully aware of the entry of judgment in plaintiff's favor on May 14, 1973, and had ample time to file an appeal from that portion of the jury verdict...

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