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MUISE v. ABBOTT

No. 4190.

160 F.2d 590 (1947)

MUISE v. ABBOTT.

Circuit Court of Appeals, First Circuit.

April 9, 1947.

Attorney(s) appearing for the Case

A. L. Kaplan, of Boston, Mass., for appellant.

Sumner H. Babcock, of Boston, Mass. (Seymour P. Edgerton, Austin S. Ashley, and Bingham, Dana & Gould, all of Boston, Mass., of counsel), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

This is an appeal from a decree in a cause civil and maritime brought by a seaman for maintenance care and cure.1 The question presented is whether the appellant has already been paid the amounts he here seeks to recover, either in full or in part, by the payment to him of $5,500 in settlement of an action at law which he brought against a third party to recover damages for the same personal injuries alleged to...

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