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ALLEN v. UNITED STATES

No. 13034.

201 F.2d 263 (1952)

ALLEN v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

December 31, 1952.

Attorney(s) appearing for the Case

Fall & Hayton, David A. Fall, San Pedro, Cal., for appellant.

James R. Browning, Acting Asst. Atty. Gen., Walter L. Binns, U. S. Atty., Los Angeles, Cal., Leavenworth Colby and Keith Ferguson, Sp. Assts. to Atty. Gen., Bernard B. Laven, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from a decree in admiralty dismissing a libel in which Allen sought (a) to recover damages for tuberculosis caused by the unseaworthy conditions on vessels in which the United States required him to serve in the Pacific in the Second World War and (b) under a provision of his contract for wages during his incapacity from his tuberculosis.

A. So far as concerns Allen's claim that he is entitled to recover for his injuries...

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