SIMONS, Circuit Judge.
In an action to recover damages under Section 33 of the Merchant Marine Act of 1920, Title 46 U.S.C. § 688, 46 U.S.C.A. § 688, growing out of injuries received by the plaintiff in an altercation with a third assistant engineer of the Steamer Cuyler Adams, the court below directed a verdict for the appellee on the ground that the alleged assault was not inflicted upon the appellant by an officer or member of the crew acting within the...
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