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FRANCIS v. SEAS SHIPPING CO.

No. 76, Docket 20345.

158 F.2d 584 (1946)

FRANCIS v. SEAS SHIPPING CO., Inc.

Circuit Court of Appeals, Second Circuit.

December 16, 1946.

Attorney(s) appearing for the Case

Frank V. Barns, of New York City, (Paul L. Murphy, of New York City, of counsel), for Seas Shipping Company, Inc., defendant-appellant.

Samuel M. Ostroff, of New York City, (Samuel M. Ostroff and Isaac M. Rothenberg, both of New York City, of counsel), for Warren C. Francis, plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

In June 1942, the plaintiff signed articles as a petty officer messman on the Steamship Tuxford with the duty to serve five men and make up six bunks. He was also assigned as a loader of one of the guns on the port side forward, that is, to hand the shell to the man who was to put it in the breech. He was instructed to drop whatever he was doing and proceed to his gun position as best he could in case of an air raid alarm.

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