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LA FONTAINE v. THE G. M. McALLISTER

101 F.Supp. 826 (1951)

LA FONTAINE v. THE G. M. McALLISTER et al.

United States District Court S. D. New York.

December 17, 1951.

Attorney(s) appearing for the Case

Bouvier & Beale, New York City, (Edward F. Cummerford, New York City, of counsel), for libelant.

Purdy, Lamb & Catoggio, New York City, (Thomas J. Irving, New York City, of counsel), for respondents.

WEINFELD, District Judge.

Libelant in a prior action at law instituted under the Jones Act, 46 U.S.C.A. § 688, recovered a verdict against respondent (there the defendant) for injuries suffered on April 2nd, 1947. No cause of action for maintenance and cure was pleaded, nor was the jury charged as to maintenance and cure.1

Libelant now brings this separate suit on the admiralty...

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