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VOLTMANN v. UNITED FRUIT CO.

No. 165.

147 F.2d 514 (1945)

VOLTMANN et al. v. UNITED FRUIT CO.

Circuit Court of Appeals, Second Circuit.

February 5, 1945.

Attorney(s) appearing for the Case

William A. Hyman, of New York City (William A. Hyman and Harold W. Hayman, both of New York City, on the brief), for plaintiffs-appellants.

Burlingham, Veeder, Clark & Hupper, of New York City (Ray Rood Allen, C. B. M. O'Kelley, and Herbert M. Lord, all of New York City, of counsel), for defendant-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

With the exception of Mr. Voltmann, the plaintiffs were passengers on a cruise from New York to Central American ports and return, on the defendant's S.S. Quirigua, when at about 8:36 on the evening of January 11, 1941, the ship rolled so heavily in a storm that they were injured. All the passengers but Mr. Shulman, who was not hurt, sued in the District Court for the Southern District of New York to recover their damages for personal injuries...

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