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HAWN v. AMERICAN S. S. CO.

No. 161.

107 F.2d 999 (1939)

HAWN v. AMERICAN S. S. CO.

Circuit Court of Appeals, Second Circuit.

December 11, 1939.

Attorney(s) appearing for the Case

Desmond & Drury, of Buffalo, N. Y. (Edward J. Desmond, John E. Drury, Jr., and Charles S. Desmond, all of Buffalo, N. Y., of counsel), for appellant.

Brown, Ely & Richards of Buffalo, N. Y. (Laurence E. Coffey and W. Alexander Eldridge, both of Buffalo, N. Y., of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

The question in this case is whether the plaintiff, Hawn, shall be allowed to hold the verdict of a jury in his favor in an action to recover for injuries suffered and maintenance and cure, as a seaman aboard a ship in Buffalo Harbor. The judge, having reserved decision upon the defendant's motion for a verdict, took a verdict and later granted the motion. The plaintiff appealed. The appeal turns altogether upon whether the plaintiff was a "member of a...

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