McKENNEY v. SWAYNE & HOYT, LIMITED

No. 9060.

104 F.2d 20 (1939)

McKENNEY v. SWAYNE & HOYT, Limited. THE POINT REYES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 14, 1939.


Attorney(s) appearing for the Case

Richard A. Dowling, of New Orleans, La., for appellant.

Geo. H. Terriberry, Jos. M. Rault, and Benjamin W. Yancey, all of New Orleans, La., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a decree dismissing an amended libel, which was predicated entirely upon the alleged illness of a seaman resulting from damp and unseaworthy conditions of his quarters on the ship. As a bar, the appellee pleaded a full release, executed by the seaman for a consideration of one hundred and twenty-five dollars. Upon stipulation of the parties, a separate hearing was had as to its validity. Testimony was taken upon this issue...

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