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ROGOSICH v. UNION DRY DOCK & REPAIR CO.

No. 5096.

67 F.2d 377 (1933)

ROGOSICH v. UNION DRY DOCK & REPAIR CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 23, 1933.

Attorney(s) appearing for the Case

Lichtenstein, Schwartz & Friendenberg, of Hoboken, N. J. (John H. Kelley, of Hoboken, N. J., of counsel; Howard Engel, of Hoboken, N. J., on the brief), for appellant.

Lindabury, Depue & Faulks, of Newark, N. J. (Burtis S. Horner and Walter F. Waldau, both of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a decree in favor of the respondent in a suit in admiralty commenced by a libel in personam to recover damages for personal injuries sustained by the libelant. The facts are sufficiently set out in the memorandum opinion by Judge Fake, quoted in full in a note at the end of the opinion.

The libelant elected to sue in admiralty although, as a seaman, he might have sued at law under authority of the Jones Act ...

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