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FORD v. UNITED FRUIT CO.

No. 11935.

171 F.2d 641 (1948)

FORD v. UNITED FRUIT CO. et al.

United States Court of Appeals Ninth Circuit.

December 17, 1948.

Attorney(s) appearing for the Case

Fitz-Gerald Ames, Sr., and Hugh B. Miller, both of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., for the United States.

John H. Black, Edward R. Kay and Henry W. Schaldach, all of San Francisco, Cal., for United Fruit Co. and the United States.

Before: MATHEWS and ORR, Circuit Judges, and BOWEN, District Judge.

BOWEN, District Judge.

Appellant, Earl David Ford, on April 28, 1945, was employed as a messman and member of the crew of the merchant vessel S.S. Sea Perch owned and operated by the United States, with United Fruit Company assisting in the operation. On that date the vessel was at Esperitos Santos, New Hebrides, embarking a large number of troops, and while appellant was sitting on the ship's rail facing outboard, watching the loading operations, he was accidentally...

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