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FOX v. ALCOA S. S. CO.

No. 10998.

143 F.2d 667 (1944)

FOX v. ALCOA S. S. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 9, 1944.

Attorney(s) appearing for the Case

Raymond H. Kierr, of New Orleans, La., for appellant.

Herbert W. Christenberry, U. S. Atty. of New Orleans, La., L. V. Cooley, Jr., Asst. U. S. Atty., of Slidell, La., Gerald H. Bucey, Regional Counsel, War Shipping Administration, for United States of America.

Geo. H. Terriberry, Andrew R. Martinez, and Benj. W. Yancey, all of New Orleans, La., for Alcoa S. S. Co.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

PER CURIAM.

Appellant, a seaman on a ship of Panamanian registry, but operated for the United States by the War Shipping Administration, brought a libel in personam for maintenance and cure against the United States, the War Shipping Administration and Alcoa Steamship Company. The United States and the War Shipping Administration moved to dismiss because no claim in writing had been filed with and disallowed by the War Shipping Administration as by law required. On...

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