Thorpe v. Cleveland Tanker Co.

N.D. Ohio

Thorpe v. Cleveland Tanker Co.

89 F. Supp. 821, 1950 U.S. Dist. LEXIS 4059

CourtDistrict Court, N.D. Ohio

DecidedFebruary 20, 1950

DocketNo. 3491

StatusPublished

This text of 89 F. Supp. 821 (Thorpe v. Cleveland Tanker Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thorpe v. Cleveland Tanker Co., 89 F. Supp. 821, 1950 U.S. Dist. LEXIS 4059 (N.D. Ohio 1950).

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Opinion

JONES, Judge.

This is an action in admiralty to recover damages for injuries caused by respondent’s acts.

To its answer, filed April 26, 1949, respondent attached eleven interrogatories. At this date libelant has failed to answer these interrogatories.

Respondent now moves to dismiss this action pursuant to Rule 32(c)(d), Federal Rules of Civil Procedure, 28 U.S.C.A., for failure to answer the interrogatories.

The Court under Admiralty Rule 32c (d), 28 U.S.C.A. in its discretion may grant the relief asked for by this motion. The failure of libelant-to answer the interrogatories although more than nine months have elapsed since their service, and the failure to oppose this motion to dismiss, indicate that libelant no longer desires to continue the action, and it accordingly will be dismissed.

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JONES, Judge.

This is an action in admiralty to recover damages for injuries caused by respondent’s acts.

To its answer, filed April 26, 1949, respondent attached eleven interrogatories. At this date libelant has failed to answer these interrogatories.

Respondent now moves to dismiss this action pursuant to Rule 32(c)(d), Federal Rules of Civil Procedure, 28 U.S.C.A., for failure to answer the interrogatories.

The Court under Admiralty Rule 32c (d), 28 U.S.C.A. in its discretion may grant the relief asked for by this motion. The failure of libelant-to answer the interrogatories although more than nine months have elapsed since their service, and the failure to oppose this motion to dismiss, indicate that libelant no longer desires to continue the action, and it accordingly will be dismissed.

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Bluebook (online)

89 F. Supp. 821, 1950 U.S. Dist. LEXIS 4059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorpe-v-cleveland-tanker-co-ohnd-1950.