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HAGENS v. UNITED FRUIT CO.

No. 253.

135 F.2d 842 (1943)

HAGENS v. UNITED FRUIT CO.

Circuit Court of Appeals, Second Circuit.

May 27, 1943.

Attorney(s) appearing for the Case

Paul C. Matthews, of New York City, for appellant.

W. Dale Williams, of New York City (Thomas H. Walker, of New York City, of counsel), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 903(a) provides that no compensation shall be payable under that Act "in respect of disability or death of * * * a member of a crew of any vessel * * *". § 905 provides: "The liability of an employer * * * shall be exclusive and in place of all other liability of such employer to the employee * * *." The award, under the...

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