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SPERBECK v. A. L. BURBANK & CO.

No. 265, Docket 22001.

190 F.2d 449 (1951)

SPERBECK v. A. L. BURBANK & CO., Inc.

United States Court of Appeals Second Circuit.

Decided July 11, 1951.

Attorney(s) appearing for the Case

Jacob Rassner and Herbert R. Bedell, New York City, for plaintiff.

Hanrahan & Dougherty, New York City (William R. Brennan, Jr., New York City, of counsel), for defendant.

Before CHASE, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. As the evidence sustains the judge's findings on the issues of defendant's negligence and unseaworthiness, we affirm the dismissal of the first cause of action.

2. On the findings, which are not "clearly erroneous," Sperbeck was a seaman. Carumbo v. Cape Cod Steamship Co., 1 Cir., 123 F.2d 991; Sullivan v. United States, 2 Cir., 179 F.2d 924. He was therefore entitled...

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