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CAIN v. ALPHA S. S. CORPORATION

No. 367.

35 F.2d 717 (1929)

CAIN v. ALPHA S. S. CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

August 20, 1929.

Attorney(s) appearing for the Case

Hatch & Wolfe, of New York City (Carver W. Wolfe, of New York City, of counsel), for appellants.

Thomas J. Cuff, of New York City (Vine H. Smith, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is an action at law for an assault upon a seaman by a subordinate officer, while both were employed upon an American vessel owned by one of the defendants and operated or controlled by the others. It was committed on shipboard when the vessel lay in a Venezuelan port. Jurisdiction of the District Court is founded upon diverse citizenship. The parties have assumed, and rightly so, that the law applicable to this situation is the general maritime...

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