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ERCOLE v. COMPANIA DE NAVAGACAO

No. 78 Civ. 5108 (ADS).

585 F.Supp. 1380 (1984)

Catello ERCOLE, Plaintiff, v. COMPANIA DE NAVAGACAO, Lloyd Brasileiro, Defendants.

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

June 1, 1984.

Attorney(s) appearing for the Case

Howard Fishkin, Zimmerman & Zimmerman, New York City, for plaintiff Ercole.

James R. Campbell, Gulmi, LaPenta, Campbell, Burns & Mahoney, New York City, for defendants.

MEMORANDUM AND ORDER

SOFAER, District Judge.

Plaintiff moves to vacate a judgment of dismissal dated August 21, 1981, arguing he was in effect under a "disability" to appeal the ruling on which the judgment was based, since Rodriquez v. Compass Shipping Co., 617 F.2d 955 (2d Cir.), aff'd 451 U.S. 596, 101 S.Ct. 1945, 68 L.Ed.2d 472 (1980), made an appeal seem fruitless at the...

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