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MURUAGA v. UNITED STATES

No. 107, Docket 21154.

172 F.2d 318 (1949)

MURUAGA v. UNITED STATES et al.

United States Court of Appeals Second Circuit.

January 25, 1949.

Attorney(s) appearing for the Case

William L. Standard, of New York City (Louis R. Harolds, of New York City, of counsel), for libellant-appellant.

John F. X. McGohey, U. S. Atty., and Joseph K. Innees, both of New York City (Charles Miller, of New York City, of counsel), for respondents-appellees.

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

CHASE, Circuit Judge.

The appellant is a chef about fifty-one years old who became incapacitated while a member of the crew of the S.S. Uruguay, a vessel owned by the United States and operated under the standard form of agency agreement by Moore-McCormack Lines, Inc. His illness was not caused by his employment.

When the vessel was at sea on March 8, 1945, he succumbed to dizziness and chills and was cared for in the sick bay until the voyage ended on the...

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