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BORNHURST v. UNITED STATES

No. 11577.

164 F.2d 789 (1947)

BORNHURST v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 4, 1947.

Attorney(s) appearing for the Case

Dee B. Tanner, of Los Angeles, Cal., for appellant.

James M. Carter, U. S. Atty., Ronald Walker and Robert E. Wright, Assts. U. S. Atty., all of Los Angeles, Cal. (Lasher B. Gallagher, of Los Angeles, Cal., of counsel), for appellee.

Before MATHEWS, STEPHENS and ORR, Circuit Judges.

MATHEWS, Circuit Judge.

At all pertinent times, the tanker Puente Hills was owned, operated and employed as a merchant vessel by appellee, the United States. On and prior to May 12, 1945, appellant, Clyde Burdette Bornhurst, was employed by appellee as a seaman on board the Puente Hills, his duties being those of a wiper in the engineer's force. On May 12, 1945, while the Puente Hills was on navigable waters of the Pacific Ocean off Finschaven, New Guinea, appellant...

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