Opinion
No. 297, Docket 23699.
Argued April 3, 1956.
Decided April 16, 1956.
Nathan Baker, Hoboken, N.J. (Baker, Garber Chazen, of counsel; Bernard Chazen, Hoboken, N.J., on the brief), for libelant-appellant.
Haight, Gardner, Poor Havens, New York City (Francis X. Byrn, New York City, of counsel), for respondents-appellees.
Before FRANK, MEDINA and WATERMAN, Circuit Judges.
After the trial judge filed his opinion and entered his order dismissing the libel on the ground of laches, we decided Le Gate v. The Panamolga, 2 Cir., 221 F.2d 689. We reverse and remand with directions to the judge to reconsider the defense of laches, and to exercise his discretion, in the light of the Le Gate decision.
Reversed and remanded.