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JONCICH v. VITCO

No. 14909.

234 F.2d 161 (1956)

Marion JONCICH, Joseph C. Mardesich and Antonia Dogdanovich, Appellants, v. Anthony VITCO, Appellee.

United States Court of Appeals Ninth Circuit.

May 28, 1956.

Attorney(s) appearing for the Case

Robert Sikes, Los Angeles, Cal., for appellants.

Margolis, McTernan & Branton, Los Angeles, Cal., for appellee.

Before HEALY and FEE, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM.

Appellants owned and operated the Pioneer, a fishing vessel engaged in the tuna trade off the coast of California and Mexico. In the fall of 1951, pursuant to an oral contract, Vitco, the appellee, was employed aboard the Pioneer as a fishermancook for the 1952 tuna fishing season. He was employed on a lay basis; that is, he was to receive as wages a share of the proceeds of each catch.

Just prior to the first trip, Vitco and other members of the...

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