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KILGUST v. UNITED STATES

No. 260, Docket 21996.

191 F.2d 69 (1951)

KILGUST v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided July 24, 1951.

Attorney(s) appearing for the Case

Kunstler & Kunstler and Martin N. Whyman, all of New York City, for libellant.

Irving H. Saypol, U. S. Atty., Walter A. Darby, Jr., and J. Ward O'Neill, all of New York City (Haight, Deming, Gardner, Poor & Havens, New York City, of counsel), for respondent-appellee.

Before SWAN, AUGUSTUS N. HAND and L. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The libellant, Frederick E. Kilgust, signed on the S. S. Alan-A-Dale, a vessel operated by and for the account of the respondent, as second cook on November 9, 1943. He was then eighteen years of age and had been in good health up through the time he reported for merchant marine training in June 1943. The Alan-A-Dale sailed for London shortly after Kilgust signed aboard, arrived safely about December 1, 1943, and left on her return...

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