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BERGLANN v. THE WINONA

Civ. No. 955.

46 F.Supp. 483 (1942)

BERGLANN v. THE WINONA et al.

District Court, D. Oregon.

September 2, 1942.

Attorney(s) appearing for the Case

K. C. Tanner, of Portland, Or., for libelant.

Wilbur, Beckett, Howell & Oppenheimer and Robert T. Mautz, all of Portland, Or., for respondents.

YANKWICH, District Judge (after stating the facts as above).

The respondents' motion for summary judgment heretofore submitted is denied.

I am of the view that, despite the fact that the complaint in the state court alleges loss of wages as an element of general damages, the plaintiff in that cause is entitled to sue in this court for maintenance and cure. See Smith v. Lykes Bros.-Ripley S. S. Co., 5 Cir., 105 F.2d 604.

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