KANISCHER v. IRWIN OPERATING CO.

No. 14996.

215 F.2d 300 (1954)

KANISCHER v. IRWIN OPERATING CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 14, 1954.


Attorney(s) appearing for the Case

Arthur Roth, Miami, Fla., Jacob Rassner, New York City, Martin D. Von Zamft, Von Zamft & Lake, Miami, Fla., for appellant.

Jackson L. Peters and Robert F. Underwood, Knight, Smith & Underwood, Miami, Fla., for appellee.

Before HOLMES and STRUM, Circuit Judges, and THOMAS, District Judge.


THOMAS, District Judge.

Naming as defendant his employer, a corporation operating a resort hotel at Miami Beach, and one Kaplan, owner and operator of the speed boat "Jo Ann", appellant filed suit under the Jones Act, 46 U.S.C.A. § 688, for serious injuries to both legs, resulting from contact with the propeller of the boat on August 25, 1951.

In sequence, motions to dismiss for want of jurisdiction under the Act and for summary judgment on the same ground...

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