LUMBARD, Circuit Judge.
This is a seaman's action in two counts, one under the Jones Act, 46 U. S.C.A. § 688, and the other for maintenance and care. The plaintiff has moved for partial summary judgment with respect to the cause of action for maintenance on the ground that no triable issue of fact exists. The defendant has already paid $1,600 in maintenance; the plaintiff on the basis of a hospital report claims the right to $1,000 more.
It is the defendant...
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