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GONZALES v. UNITED FRUIT CO.

No. 103, Docket 22060.

193 F.2d 479 (1951)

GONZALES v. UNITED FRUIT CO. et al.

United States Court of Appeals Second Circuit.

Decided December 12, 1951.

Attorney(s) appearing for the Case

Richard Gyory, of New York City (Silas B. Axtell, of New York City, on the brief), for plaintiff-appellant.

Benjamin E. Haller, of New York City (Burlingham, Veeder, Clark & Hupper and Ray Rood Allen, all of New York City, on the brief), for defendants-appellees.

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

CLARK, Circuit Judge.

This is an appeal from the District Court's judgment entered on jury verdict for defendants on a first count in a suit under the Jones Act, 46 U.S.C.A. § 688, for damages for sickness based upon "failure to make physical examination of the plaintiff" and unseaworthiness of the vessel, and the dismissal of a second count based on neglect to treat, at the close of the plaintiff's evidence. There was a third count for maintenance and cure which...

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