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LYKES BROS. S. S. CO. v. GRUBAUGH

No. 10128.

128 F.2d 387 (1942)

LYKES BROS. S. S. CO., Inc., v. GRUBAUGH.

Circuit Court of Appeals, Fifth Circuit.

Order Modified on Rehearing August 5, 1942.

Attorney(s) appearing for the Case

John R. Brown and Robert Eikel, Jr., both of Houston, Tex., for appellant.

Arthur J. Mandell, of Houston, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

Order Modified on Rehearing August 5, 1942. See ___ F.2d ___.

HUTCHESON, Circuit Judge.

Brought by the steward of Lykes Bros. Steamship "Hybert", the suit was under the Jones Act, 46 U.S.C.A. § 688, for damages for injuries inflicted on him by the negligence of the chief engineer and an assistant engineer. The claim was that while the vessel was moored to the dock in Brooklyn, the plaintiff was unlawfully assaulted by the chief engineer and the first...

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