Atlas Assurance Company, Ltd., Plaintiff and Appellant, v. Norsk Pacific Steamship Company, Ltd., Appellee, 409 F.2d 1360 (9th Cir. 1969)

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U.S. Court of Appeals for the Ninth Circuit - 409 F.2d 1360 (9th Cir. 1969) May 2, 1969

Appeal from the United States District Court for the Western District of Washington, Northern Division; William N. Goodwin, Judge.

Chargles E. Watts (argued), of Long, Mikkelborg, Wells & Fryer, Douglas M. Fryer, Seattle, Wash., for appellant.

Richard W. Buchanan (argued), of Howard, LeGros, Buchanan & Paul, Seattle, Wash., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:


This court is of the opinion that under the circumstances of this case the order of dismissal should be vacated by the District Court, and the plaintiff given a period of two weeks (from the entry of the District Court's order vacating) to effect service of the complaint; otherwise the action to stand dismissed.

The case is remanded to the District Court.