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TAWADA v. UNITED STATES

No. 11258.

162 F.2d 615 (1947)

TAWADA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 16, 1947.

Attorney(s) appearing for the Case

Gladstein, Anderson, Resner & Sawyer, of San Francisco, Cal., for appellant.

Frank J. Hennessy, of San Francisco, Cal. (John H. Black, Edward R. Kay and Henry W. Schaldach, all of San Francisco, Cal., of counsel), for appellee.

Before GARRECHT, STEPHENS and ORR, Circuit Judges.

ORR, Circuit Judge.

Fred Tawada, by occupation a marine engineer, signed shipping articles for a voyage aboard the "Kate Douglas Wiggins" for a term not exceeding twelve months. The articles were signed September 14, but were pre-dated to September 2, 1944. On September 13, the ship being tied up in port, Tawada was given the customary "pre-sign-on" medical examination by the Public Health Service to determine his physical fitness for sea duty, and for the purpose...

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