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FORSTER v. ORO NAVIGATION COMPANY

No. 118, Docket 23303.

228 F.2d 319 (1955)

Keith W. FORSTER, Plaintiff-Appellee, v. ORO NAVIGATION COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 7, 1955.

Attorney(s) appearing for the Case

Kirlin Campbell & Keating, New York City (Joseph M. Cunningham, Vernon S. Jones and Walter X. Connor, New York City, of counsel), for defendant-appellant.

Dunn & Zuckerman, New York City (Morton Zuckerman and Mortimer E. Greif, New York City, of counsel), for plaintiff-appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

We agree with what Judge Bondy said in his opinion, reported in 128 F.Supp. 113. We add the following as to one of appellant's contentions which Judge Bondy did not consider.

46 U.S.C.A. § 596 imposes the duty of payment on "the master or owner". We think that, if the master fails to pay without sufficient cause, his neglect becomes also that of the owner, so...

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