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BAILEY v. CITY OF NEW YORK

No. 179.

153 F.2d 427 (1946)

BAILEY v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

February 5, 1946.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Lucien V. Axtell, of New York City, on the brief), for libelant-appellant.

Herbert B. Lee, of New York City (Ignatius M. Wilkinson, Corporation Counsel, of New York City, on the brief), for respondent-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Libelant, formerly a marine engineer on ferryboats of the City of New York, was denied recovery in the District Court of both his claim for damages for personal injuries allegedly due to tuberculosis contracted by reason of the conditions of his work and his claim for maintenance and cure for the period during which he alleged he had suffered from tuberculosis and a generally upset condition. 55 F.Supp. 699

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