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DUARTE v. CHRISTIE SCOW CORPORATION

27 F.Supp. 894 (1939)

DUARTE v. CHRISTIE SCOW CORPORATION

District Court, S. D. New York.

March 14, 1939.

Attorney(s) appearing for the Case

Abraham M. Fisch, of New York City, for plaintiff.

Barber, Matters, Gay & Vander Clute, of New York City, for defendant Christie Scow Corporation.

William C. Chanler, Corp. Counsel, of New York City (George Seagrave Franklin, of New York City, of counsel), for City of New York.

LEIBELL, District Judge.

Plaintiff's complaint is definitely brought as a "seaman" under the provisions of the Jones Act, Title 46 U.S. C.A. § 688. Both the summons and the complaint bear a statement to the right of the caption that this is a "seaman's action". Paragraph Twelfth claims certain rights and privileges under the various acts of Congress that are referred to in § 688, supra. But plaintiff's complaint shows on its face that plaintiff was never...

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