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UNITED STATES v. PUSCEDU

No. 15367.

224 F.2d 5 (1955)

UNITED STATES of America, Appellant, v. Raymond PUSCEDU, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 10, 1955.

Attorney(s) appearing for the Case

Malcolm R. Wilkey, U. S. Atty., James T. Dowd, Asst. U. S. Atty., Mayo J. Thompson, John R. Brown, E. D. Vickery, Houston, Tex., Royston & Rayzor, Houston, Tex., of counsel, for appellant.

Arthur J. Mandell, Houston, Tex., for appellee. Mandell & Wright, Houston, Tex., of counsel.

Before HUTCHESON, Chief Judge, JONES, Circuit Judge, and WRIGHT, District Judge.

HUTCHESON, Chief Judge.

As appellant sees it, this appeal from a decree in admiralty, finding respondent liable for damages sustained by plaintiff as a member of the crew of the Steamship Meridian Victory and awarding him a recovery of $70,479.35,1 including $3424.00 for maintenance and cure, presents a single basic issue for our decision. This, as appellant states it in his brief is as follows:

"In view of the uncontradicted...

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