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USATORRE v. THE VICTORIA

No. 120, Docket 21171.

172 F.2d 434 (1949)

USATORRE et al. v. THE VICTORIA et al. RODRIGUEZ et al. v. THE VICTORIA et al.

United States Court of Appeals Second Circuit.

January 27, 1949.

Attorney(s) appearing for the Case

Burlingham Veeder Clark & Hupper, of New York City (Eugene Underwood and Hervey C. Allen, Jr., both of New York City, of counsel), for appellant.

William L. Standard, of New York City (Jacquin Frank and Louis R. Harolds, both of New York City, of counsel), for appellees.

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

FRANK, Circuit Judge.

I

The Salvage Claims

1. If, as the trial judge held, the jus gentium applies, then, regarding the decisions of our courts as reflecting it, libellants would seem clearly to be salvors. According to those decisions, abandonment by the master, in the face of what he deems a disaster, without expectation of returning, severs the crew's employment contract even if, subsequently, the vessel turns out to be safe and the crew then...

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