PORT v. LITOLFF

No. 9023.

103 F.2d 302 (1939)

PORT v. LITOLFF.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 18, 1939.


Attorney(s) appearing for the Case

Samuel J. Tennant, Jr., of New Orleans, La., for appellant.

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

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.


FOSTER, Circuit Judge.

Appellant, a seaman, brought this suit at law to recover damages for personal injuries, incurred while a member of the crew of a vessel. After a hearing at which no evidence was taken, the District Court sustained a plea of limitation and dismissed it. It appears from the record the suit was filed on December 7, 1937. It is not suggested it was filed in bad faith. The petition alleged the accident resulting in injuries to plaintiff occurred...

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