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OLDFIELD v. THE ARTHUR P. FAIRFIELD

No. 12092.

176 F.2d 429 (1949)

OLDFIELD v. THE ARTHUR P. FAIRFIELD et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 12, 1949.

Writ of Certiorari Denied November 14, 1949.

Attorney(s) appearing for the Case

Tanner & Clark, K. C. Tanner, Edward J. Clark, Portland, Or., Levinson & Friedman, Sam L. Levinson and Edwin J. Friedman, Seattle, Wash., for appellant.

Bogle, Bogle & Gates, Edw. S. Franklin, Seattle, Wash., for appellee.

Before DENMAN, Chief Judge, and BONE, Circuit Judge, and FEE, District Judge.

Writ of Certiorari Denied November 14, 1949. See 70 S.Ct. 158.

JAMES ALGER FEE, District Judge.

A libel for wages was filed by Oldfield, a seaman, against the steamship "Arthur P. Fairfield," pursuant to 28 U.S.C.A. § 41 (3) [now § 1333] and Admiralty Rule 13, 28 U.S.C.A. The defense was that there was properly deducted a pro rata portion of a fine levied against the ship on account of misconduct of the seaman.

The cause was tried. Findings...

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