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MERCADO v. UNITED STATES

No. 244, Docket 21693.

184 F.2d 24 (1950)

MERCADO v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided July 13, 1950.

Attorney(s) appearing for the Case

Louis R. Harolds, of New York City (William L. Standard, of New York City, on the brief), for libellant.

Joseph M. Brush, of New York City (Irving H. Saypol, U. S. Atty., and Barry, Wainwright, Thacher & Symmers and Edward C. Kalaidjian, all of New York City, on the brief), for respondent.

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

CLARK, Circuit Judge.

Libellant, a former wiper on the S. S. Charles Sumner, sued the United States, as owner of the vessel, to recover for personal injuries allegedly sustained on two separate occasions during his employment upon it. As a first cause of action the libellant alleged that he was injured about 2:00 p.m. on December 27, 1944, while the vessel was at sea. As a second cause of action he then alleged that he was injured on January 13, 1945, when he slipped...

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