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MOYLE v. NATIONAL PETROLEUM TRANSPORT CORPORATION

No. 339.

150 F.2d 840 (1945)

MOYLE v. NATIONAL PETROLEUM TRANSPORT CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 18, 1945.

Attorney(s) appearing for the Case

Reid, Cunningham & Freehill, of New York City (Frederick H. Cunningham, of New York City, of counsel), for defendant-appellant.

George J. Engelman, of New York City, for plaintiff-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an action by the plaintiff, a seaman on the defendant's S.S. Transoil, to recover maintenance and cure. He testified that he was well when he joined the ship on November 9, 1936, that he worked thereon as an oiler and later became ill with headaches, fever and continuous coughing and about five days prior to January 15, 1937, was unable to work as an oiler or to stand watch and for that reason was discharged by the First Engineer...

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