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FRANKS v. UNITED STATES LINES COMPANY

No. 27, Docket 28024.

324 F.2d 126 (1963)

Jay O. FRANKS, Plaintiff-Appellant, v. UNITED STATES LINES COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 1, 1963.

Attorney(s) appearing for the Case

Theodore H. Friedman, New York City (Henry Isaacson and Phillips, Nizer, Benjamin, Krim & Ballon, New York City, on the brief), for plaintiff-appellant.

William R. Mackey, of Kirlin, Campbell & Keating, New York City (James R. Campbell and Louis J. Gusmano, of Kirlin, Campbell & Keating, New York City, on the brief), for defendant-appellee.

Before CLARK, MOORE, and KAUFMAN, Circuit Judges.

CLARK, Circuit Judge.

Jay O. Franks, formerly a wiper on defendant's vessel the "S.S. American Veteran," seeks to recover damages for personal injuries allegedly sustained by him in a fall down one of the vessel's stairways. The issues of negligence and unseaworthiness raised by his allegations were submitted to a jury, which found against him. Judgment for defendant was accordingly entered on this verdict. The court reserved to itself the issue of maintenance and...

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