ROCHE, Chief Judge.
This is an action for maintenance and cure. There is no question that libelant suffered injuries that incapacitated him for a period of time. The only issue before the court is whether, at the time he was so injured, libelant was in the service of the ship. The facts disclosed by the record, which included no testimony except libelant's deposition are as follows.
Libelant was employed as a waiter on respondent's vessel, the S. S. Lurline...
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