SULLIVAN v. UNITED STATES

No. 91, Docket 21459.

179 F.2d 924 (1949)

SULLIVAN v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided December 27, 1949.


Attorney(s) appearing for the Case

John F. X. McGohey, United States Attorney, (Kirlin, Campbell, Hickox & Keating, New York City, of counsel); Walter X. Connor and Vernon Sims Jones, New York City, Advocates, for appellant.

Paul C. Matthews, New York City, Archibald F. McGrath, New York City, Advocate, for appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

The libellant was employed as a fireman water-tender on a merchant vessel of the United States which was undergoing repairs at the Bethlehem Shipyard in Brooklyn, New York. He was not hired for a voyage and signed no articles. He had a room ashore. In addition to his pay of $110 a month, he received an allowance of $2 per day for sleeping ashore and an additional allowance for meals. Nevertheless he had a bunk on the ship. His watch was 12 midnight...

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