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SMITH v. UNITED STATES

No. 8702.

96 F.2d 976 (1938)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

May 24, 1938.

Attorney(s) appearing for the Case

Herbert W. Waguespack, of New Orleans, La., for appellant.

W. I. Connelly, Atty., U. S. Maritime Commission, and Rene A. Viosca, U. S. Atty., both of New Orleans, La.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a decree dismissing a libel for personal injuries sustained while appellant was a member of the crew of the steamship Youngstown. The case was originally brought at law and tried to a jury whose verdict was in appellant's favor for $2000. The judgment was set aside on the decision in Johnson v. U. S. Shipping Board Emergency Fleet Corporation, 280 U.S. 320, 50 S.Ct. 118, 74 L.Ed. 451, that...

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