FRANK, Circuit Judge.
1. Plaintiff filed a complaint, on February 5, 1951, alleging defendant's liability for an attack on plaintiff by a fellow seaman, which occurred in January, 1949, on defendant's vessel, Mission San Francisco. At the opening of the trial, on December 22, 1953, the trial judge, over defendant's objection, allowed an amendment of the complaint which alleged that the attack occurred on defendant's
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