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THE FALCO

No. 271.

20 F.2d 362 (1927)

THE FALCO.

Circuit Court of Appeals, Second Circuit.

June 6, 1927.

Attorney(s) appearing for the Case

Simone N. Gazan, of New York City, for libelant.

Haight, Smith, Griffin & Deming and Wharton Poor, all of New York City (James McKown, Jr., of New York City, on the brief), for claimant.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

If Braga was a member of the Falco's crew, though himself not a Swede, the question whether the District Court should take jurisdiction over the cause lay in its discretion. The Belgenland, 114 U.S. 355, 5 S.Ct. 860, 29 L. Ed. 152. The controversy involved the liability of the Falco to him arising out of his contract of employment, whether the suit sounds in contract or in tort...

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