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MARSHALL v. INTERNATIONAL MERCANTILE MARINE CO.

No. 138.

39 F.2d 551 (1930)

MARSHALL v. INTERNATIONAL MERCANTILE MARINE CO.

Circuit Court of Appeals, Second Circuit.

March 3, 1930.

Attorney(s) appearing for the Case

Arthur C. Hume, of Yonkers, N. Y., for appellant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Morton L. Fearey and R. H. Caldwell, both of New York City, of counsel), for appellee.

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

PER CURIAM.

The libel contains two counts — the first seeking indemnity for personal injury; the second, expenses of maintenance and cure. It does not clearly appear whether the first count relies upon the Merchant Marine Act (Act June 5, 1920, c. 250, § 33, 41 Stat. 1007 [46 USCA § 688]), or the general maritime law. If the first alternative be assumed, the two-year limitation of the statute creating the cause of action necessarily precludes maintenance...

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