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ORR v. UNITED STATES

No. 203, Docket 21262.

174 F.2d 577 (1949)

ORR v. UNITED STATES.

United States Court of Appeals Second Circuit.

Rehearing Denied May 25, 1949.

Attorney(s) appearing for the Case

William L. Standard, of New York City (Jacquin Frank and Gilda Tedesco, both of New York City, of Counsel), for libellant-appellant.

Kirlin Campbell Hickox & Keating, of New York City (Raymond Parmer and Joseph M. Cunningham, both of New York City, of counsel), for respondent-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

The seaman, Hugh Orr, while serving as third mate on the tanker S. S. Elwood, a vessel owned, operated and controlled by the United States, filed a libel in the Southern District of New York against the latter to recover damages for personal injuries and for maintenance and cure. The United States filed an answer denying the allegations of the libel on the merits and also alleged as a separate defense the following:

"That at the time of the filing...

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