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MARSH v. UNITED FRUIT COMPANY

190 F.Supp. 301 (1960)

James Jackson MARSH, Plaintiff, v. UNITED FRUIT COMPANY, Defendant.

United States District Court S. D. New York.

May 10, 1960.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff.

Thomas H. Walker, New York City, for defendant.

FREDERICK van PELT BRYAN, District Judge.

The plaintiff, a seaman, sues to recover damages for an injury to his left knee which he sustained while working as a messman aboard the S. S. Junior.

At a pre-trial conference a jury was waived and the pre-trial order provided that the only issues to be tried were as follows:

"1. Did the defendant breach its warranty of unseaworthiness? "2. Did such...

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