CUSHMAN, District Judge (after stating the facts as above).
The only ground for removal asserted in the argument is that plaintiff's cause of action is one on account of the unseaworthiness of the vessel as distinguished from negligence.
By title 46 USCA § 80, it is, among other things, provided:
"On all merchant vessels of the United States the construction of which shall be begun after March 4, 1915, * * * every place appropriated to the crew...
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