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CUMMINGS v. REDEERIAKTIEB TRANSATLANTIC

No. 12007.

242 F.2d 275 (1957)

Eugene CUMMINGS v. REDEERIAKTIEB TRANSATLANTIC, Appellant.

United States Court of Appeals Third Circuit.

Decided Petition For Rehearing March 12, 1957.

Attorney(s) appearing for the Case

Eugene H. Lippman, Philadelphia, Pa. (T. E. Byrne, Jr., Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellant.

Martin J. Vigderman, Philadelphia, Pa. (Joseph Weiner, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

Decided Sur Petition For Rehearing March 12, 1957.

GOODRICH, Circuit Judge.

The appellee, Cummings, has petitioned for rehearing following the filing of our opinion on January 23, 1957. Our judgment reversed the trial court which in turn had refused to dismiss the part of a libel based upon a claim of unseaworthiness.

The appellee now suggests, with apologies for raising the question now for the first time...

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