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McCALL v. OVERSEAS TANKSHIP CORPORATION

No. 253, Docket 23176.

222 F.2d 441 (1955)

Collene W. McCALL, as Administratrix of the Estate of Travis M. McCall, deceased, Plaintiff-Appellant, v. OVERSEAS TANKSHIP CORPORATION, Defendant and Third Party Plaintiff-Appellee-Appellant (NORTHWEST AIRLINES, Inc., Third Party Defendant-Appellee).

United States Court of Appeals Second Circuit.

Decided May 10, 1955.

Attorney(s) appearing for the Case

William A. Blank, Brooklyn, N. Y., for plaintiff-appellant.

Bigham, Englar, Jones & Houston, New York City, John L. Quinlan, John J. Martin and Paul Pennoyer, Jr., New York City, of counsel, for defendant-appellee-appellant.

Mendes & Mount, New York City, Kenneth R. Thompson and Keith Brown, New York City, of counsel, for third party defendant-appellee.

Before L. HAND, SWAN and HINCKS, Circuit Judges.

SWAN, Circuit Judge.

This is an action brought under the Jones Act, 46 U.S.C.A. § 688, by the widow and administratrix of a deceased seaman to recover damages for his wrongful death. The complaint alleges that the decedent, Travis J. McCall, was a seaman employed by the defendant and that he was killed "in the course of his employment" by the negligence of the agents or employees of the defendant. The defendant's answer denied these allegations and asserted that...

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