THE DIAMOND CEMENT

No. 8467.

95 F.2d 738 (1938)

THE DIAMOND CEMENT. PARTOS v. PACIFIC COAST S. S. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 4, 1938.


Attorney(s) appearing for the Case

Grosscup, Morrow & Ambler and Owen P. Hughes, all of Seattle, Wash., for appellant.

Stratton, Leader, Little & Stratton, of Seattle, Wash., for appellees.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a decree on a libel for damages for injury to the sailor libelant claimed to be due to the unseaworthiness of the vessel on which he was employed and, in any event, for his maintenance and cure.

Motion was made to dismiss the appeal on the ground that the record does not show a petition and allowance by the District Court of an appeal.

The record in this case shows no formal petition for or allowance of...

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