LINDQUIST v. DILKES

No. 7788.

127 F.2d 21 (1942)

LINDQUIST v. DILKES.

Circuit Court of Appeals, Third Circuit.

Decided March 12, 1942.


Attorney(s) appearing for the Case

Robert G. Kelly, of Philadelphia, Pa. (Conlen, LaBrum & Beechwood, and James S. Benn, Jr., all of Philadelphia, Pa., on the brief), for appellant.

Milton M. Borowsky, of Philadelphia, Pa. (Freedman & Goldstein, of Philadelphia, Pa., on the brief), for appellee.

Before CLARK and JONES, Circuit Judges, and GIBSON, District Judge.


CLARK, Circuit Judge.

The learned District Judge's introductory statement of facts cannot be improved upon. We therefore quote from his opinion.

"Frank O. Lindquist, an able seaman 57 years of age, joined the crew of the barge `Exeter' on April 15, 1939 without a physical examination. At that time, and since about 1920, he had been suffering from a urinary ailment. The symptoms of which consisted of frequency of desire accompanied by soreness upon urination...

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