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McALLISTER v. COSMOPOLITAN SHIPPING CO.

No. 288, Docket 21023.

169 F.2d 4 (1948)

McALLISTER v. COSMOPOLITAN SHIPPING CO., Inc.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted November 22, 1948.

Attorney(s) appearing for the Case

Horace M. Gray, of New York City (Horace M. Gray and Edward R. Phillips, both of New York City, of counsel), for defendant-appellant.

Bertram J. Dembo, of New York City (Jacob Rassner, Robert Klonsky and Jack Steinman, all of New York City, of counsel), for plaintiff-appellee.

H. G. Morison, Asst. Atty. Gen., Leavenworth Colby and Edward L. Smith, Sp. Assts. to Atty. Gen., Admiralty and Shipping Section, Department of Justice, and Martin J. Norris, Attorney, U. S. Maritime Commission, amici curiæ.

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

Writ of Certiorari Granted November 22, 1948. See 69 S.Ct. 167.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a general verdict after a jury trial of a seaman's action brought under the Jones Act, 46 U.S.C.A. § 688, against the defendant for negligence and under the general maritime law for maintenance and cure. The plaintiff claims he was negligently caused to contract poliomyelitis on board a vessel owned by the United States and operated...

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