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GARDNER v. PANAMA R. CO.

No. 13259.

185 F.2d 730 (1950)

GARDNER v. PANAMA R. CO.

United States Court of Appeals Fifth Circuit.

December 14, 1950.

Attorney(s) appearing for the Case

Woodrow De Castro, Ancon, Canal Zone, for appellant.

Paul A. Bentz, Paul M. Runnestrand, and David J. Markun, all of Balboa Heights, Canal Zone, for appellee.

Before HUTCHESON, Chief Judge, and McCORD and BORAH, Circuit Judges.

HUTCHESON, Chief Judge.

Brought in admiralty1 by a libel in personam filed October 19, 1949, the suit was for damages for injuries sustained by appellant (libellant below) on Dec. 3, 1947, while a passenger on board the steamship "Panama", a vessel owned, maintained, and operated by appellee (respondent below).

Respondent, alleging that no cause of action in admiralty arose because at the time of the occurrence complained...

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